Verdict on AMRI directors’ plea by Monday

KOLKATA: Calcutta High Court will give its verdict on bail petition of the AMRI directors by Monday. A division bench of Ashim Kumar Roy and Tarun Kumar Gupta said this on Wednesday after end of four days of hearing.

Appearing for the state, Kalyan Banerjee submitted that the board of directors of AMRI had violated statutory rules of the hospital and also civic building rules. He said though the hospital authorities had sought sanction for construction of lower basement for setting up a chemotherapy unit and an upper basement for car parking, after taking consent from the board of directors, they converted lower basement into a pharmacy and the upper basement into office space.

“This is clearly a case of violation of the KMC building rules, Banerjee said. The chargesheet would be filed within 10 days, he said.

Papers sought on derecognition of police bodies

KOLKATA: Calcutta high court on Tuesday directed the state government to produce all relevant papers on derecognition of West Bengal Police organizations for establishing a Police Welfare Board. Justice Jayanta Biswas also issued an interim order restraining the government from evicting organizations from their respective offices till February 9 when the court will hear the case.

Two writ petitions were filed in the court challenging the state government’s decision to derecognize police organizations for establishing a police welfare board.

One of the petitions was filed by Pashim Banga Non-Gazetted Police Karmachari Samiti and the other by West Bengal Police Association.

While moving the first petition, former Kolkata Municipal Corporation mayor Bikash Ranjan Bhattacharyya, Arunavo Ghosh and Syad Chadan Hossain, counsel for the petitioner, argued that the home (police) department had issued a notice on January 10 stating that recognition of police organizations had been withdrawn for setting up a police welfare board.

According to the petitioner, the notice violates fundamental rights enshrined in the Constitution as it prohibits the right to free speech and expression and freedom of association.

It was also argued that the organizations were recognized by the governor in 1969 and the new Trinamul Congress-led government suddenly withdrew recognition to the organizations without even hearing them out.

Moving the other petition by the police association, Malay Basu, Somnath Bose and Bhaskar Bannerjee argued that on January 17, the department issued an order to evict the organizations from their respective offices which, too, was done without a hearing. Faruk M. Razzak, the additional solicitor general who appeared for the central government, sought time to receive instructions on the matter. The counsel for the state also sought time as the state government pleader Ashok Banerjee will appear in the case. The state counsel said that Banerjee was not prepared on Tuesday.

After hearing submissions from different counsel, Jusice Biswas adjourned the case till February 9 and passed a directive to produce all papers on the issue of de-recognition. The court also restrained the government from evicting the organizations from their respective offices.

The Non-Gazetted Samiti has its office at Shibpur, Howrah while the police association office is in Bhowanipore.

Court seeks Agarwal report

Calcutta High Court on Wednesday directed the SSKM Hospital superintendent to file a detailed report on the health of AMRI director R.S. Agarwal by February 6.

The court also adjourned the hearing of the bail petitions of Agarwal and R.S. Goenka, another director of AMRI.

“The Supreme Court recently observed that trial courts should consider bail petitions moved by old persons in bad health. If Agarwal is really ill, this court will have to consider his case,” said Justice Asim Kumar Roy.

Appearing for the state, senior advocate Kalyan Banerjee, said: “He (Agarwal) is only 67 years old. He cannot be termed an old man. Moreover, he is quite fit. Doctors at SSKM said he was fit.”

Banerjee submitted in court an SSKM report sent to the Alipore chief judicial magistrate on January 31. But the judge said: “It is merely a report about his health. We want to know details of his illness and treatment.” He added: “In the eyes of law, a man aged 67 is quite an old man.”

Appearing for Agarwal, former advocate general Balai Ray said the court should grant bail considering his health. The judge asked Ray whether he wanted bail for his client’s treatment. “In that case, the court can take steps so that Agarwal gets the necessary treatment at SSKM or is sent to BM Birla Heart Research Institute (where he was admitted before being shifted on a court order).”

“For the sake of justice, my client should get the benefit of the law. His mental agony will remain if he continues to be treated in judicial custody,” Ray said.

Security staff quizzed

The AMRI official on duty when a guard spotted smoke at the group’s Southern Avenue clinic and alerted the fire brigade was interrogated for the last two days. The security employee was suspended and showcaused a few days before the AMRI Dhakuria fire,

Arup Mukherjee, the night administrator on duty at the time, reports to AMRI vice-president (administration), Preeta Banerjee, who was arrested recently. “Mukherjee was repeatedly questioned on whether he had been instructed by his senior not to involve any external agency even in case of a fire. He denied the claims,” said sources.

Police have made photocopies of the hospital register containing details of the security officials on duty on the night when guard Haradhan Chakraborty spotted smoke on the first floor of the Southern Avenue unit. More security officials are likely to be interrogated.

P.K. Ghata, the chief security officer of AMRI Dhakuria, was also questioned on Tuesday. Police have found out it was on Ghata’s instruction that security staff stopped patients from leaving the hospital when the fire broke out on December 9. He also allegedly prevented residents from entering, apprehending damage to property.

High court frames rules for termination of para-teachers

KOLKATA: Calcutta high court has framed a five-point guideline for terminating any para-teacher of a school in the state. Justice Harish Tandon issued the guideline in his judgment on a petition filed by Luthfar Rahman, a terminated para-teacher of Bajitpur High School in Bongaon, North 24-Parganas.

The petitioner was first appointed additional para-teacher in 2006 for a year and was given yearly extensions. But nine months after his extension in 2009, Rahman’s service was terminated after a Class-IX girl alleged he had written her a love letter. The petitioner challenged his termination in 2009 on the ground that the management had not given him an opportunity to defend himself.

Rahman’s counsel Uday Shankar Chattopadhyay and Suman Shankar Chattopadhyay argued that the allegation against their client was false as the managing committee failed to show the love letter at any point of time. State counsel P K Mukherjee argued that since there was no procedure for terminating a para-teacher, it was the school management’s discretion to end Rahman’s service.

In his judgment, Justice Tandon set aside the termination order and observed that the allegation against the petitioner shall not be deemed to have been proved. It shall also not be taken into account in any future employment of Rahman, the court directed. The court also ordered that the petitioner shall be deemed to have held the post of additional para-teacher and will be entitled to receive honorarium till the expiry of his contract.

The court ruled that before terminating a para-teacher, school managements will be required to serve show-cause notices to the person. The management shall then appoint an authority to conduct an inquiry. The authority shall submit a report after recording all evidences. The school will then have to serve a copy of the inquiry report and give him or her opportunity to file a reply. After considering the teacher’s reply and giving him or her a hearing, the management shall record its findings on each charge or alleged misconduct by the teacher along with the proposed punishment for them. The management shall then serve its findings to the accused. This entire exercise will have to be completed before the expiry of the period of service of the accused.

The court directed that the guideline be circulated among all district project officers of the Sarba Shikha Abhijan.

Adi Ganga: HC seeks affidavits from state, KMC

KOLKATA: Calcutta high court on Friday directed the state government and Kolkata Municipal Corporation (KMC) to file affidavits by January 20, outlining steps taken by them to maintain the Adi Ganga behind Kalighat temple.

Following a status report on the Adi Ganga filed by the West Bengal Pollution Control Board (WBPCB) on the court’s order, the divsion bench of Chief Justice J N Patel and Justice S Chakraborty issued the directive.

On January 2, the bench had directed PCB to inspect the Adi Ganga and file a status report by Friday. In its report, PCB stated that the quality of water in the Adi Ganga is very poor. It is dark in colour and has an unpleasant smell, the report said.

The PCB report recommended some issues. One of them is immediate dredging of silt deposited in the river bed and removal of solid waste to restore the flow of water. The report also recommended launching an awareness campaign among people of the area. Besides, the discharge of untreated sewage into the river should stop and police should be directed to keep a strict vigil, the report said. After considering the report, the bench directed the urban development secretary, KMDA, KMC and the Municipal Engineering Directorate to file affidavits stating steps taken to prevent pollution of the Adi Ganga.