17 31.08. 2026 Ct. No. 18 Ab IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE. WPA 21797 of 2026 Nirmal Modak Vs. The State of West Bengal and others. --------------- Mr. Suchindram Bhattacharjee. … for the petitioner. Mr. Rachit Lakhmani, Mr. Aditya Mondal. … for the State. 1. The affidavit of service filed today is taken on record. 2. The petitioner is aggrieved that as a contractual employee (Driver), he is not being allowed to join his service. 3. The petitioner submits that there is a criminal proceeding pending against him, which the defacto complainant has sought to withdraw. Though there is nothing on record to support this. 4. The terms of contractual service of the petitioner are pursuant to a contract, which clearly mentioned: “(8) Your engagement may be terminated on one month’s notice from either side. (9) No criminal case is pending or reported against.” 5. Mr. Lakhmani, learned Advocate appearing for the State, points out that the criminal proceeding is pending as against the petitioner and since there is a specific clause that no criminal case be pending or be reported against 2 the said employee, the question of permitting the petitioner to join back in service and continue that his service at this juncture does not arise. If the criminal proceeding is dropped or the petitioner is discharged, necessary steps will follow. 6. Since there is indeed a criminal proceeding pending, the prayers of the petitioner cannot be entertained at this stage, as it would tantamount to altering the terms of a contract, which guides the petitioner’s employment with the respondent authorities. 7. As a Court in judicial review, I am not inclined to alter the terms of contract, which is not under challenge before this Court in this writ petition. 8. The writ petition fails and is, accordingly, dismissed. 9. There shall, however, be no order as to costs. 10. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Reetobroto Kumar Mitra, J.) 3