25/09 2026 AD/15/18 266312 NANDY (DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/25952/2026 MADHAB CHANDRA DEY VS THE STATE OF WEST BENGAL & ORS. Ms. Sneha Chatterjee, Advocate ……for the Petitioners Mr. Pulakesh Bajpayee, Advocate ……for the State 1. The petitioner is aggrieved that he has not been reinstated into service as a Home Guard. The petitioner was serving as a Home Guard from 2014 and has been suspended sometime in 2026, after his wife committed suicide, for which the father-in-law of the petitioner filed a First Information Report (FIR). 2. The petitioner has been suspended thereafter and is receiving subsistence allowance. The petitioner is in financial penury as he is surviving with his 13 month-old son. 3. Ms. Chatterjee, learned Advocate appearing for the petitioner, submits that the petitioner has not been convicted and cannot be subjected to further punishment. 4. However, the representation of the petitioner has not yet been considered. The petitioner has been in prison for almost 127 days and is receiving subsistence allowance. 5. The authorities are directed to consider the representation of the petitioner within the provisions of law. 6. However, I make it clear that no right or equity P a g e | 2 will be created upon consideration of such representation by the authorities. The authorities will consider and dispose of the representation as expeditiously as possible. 7. With the aforesaid direction, the writ petition is disposed of. No order as to costs. (Reetobroto Kumar Mitra, J.)