Calcutta HC Reinstates Magistrate Who

Was Compulsorily Retired; Imposes 1

Lakh Costs On Itself

While the Calcutta High Court reinstated a judicial officer who had been forcibly
retired from duty, it instructed him to pay Rupees one lakh expenses.

Mintu Mallick was the Judicial Magistrate and Railway Magistrate, Sealdah, dual
in charge. While waiting for the train to reach his office on 5 May 2007, local
people informed him the train was running invariably late. He was notified that
the normal late running of such train was due to it stopping illegally somewhere
after the New Alipore station when contraband material was offloaded from the
train and the drivers and guards were playing ball with smugglers to promote the
spurious trade.

Then Mallick intervened with the issue and walked to the car of the motorman
and spoke to the driver. He directed the Railway Police to guarantee that the
driver and the train guard were submitted before the Railway Magistrate's court
in the face of unsatisfactory responses. Some railway staff, led by one PK Singh,
screamed slogans before the court of the Railway Magistrate, used abusive
language against the Railway Magistrate and interrupted court job.

Violence erupted around the court of the Railway Magistrate after P. K. Singh
was taken into custody following the case established against him under Section
228 of the Indian Penal Code. Lastly, he was punished for mandatory retirement.
The single bench, challenging this order by Mallick, rejected the petition for
writing.
The Division Bench made up of Justice Sanjib Banerjee and Justice Suvra Ghosh
allowed his written appeal to observe that the disciplinary committee finding him
guilty of the charges cannot be upheld and the penalty imposed is
disproportionate and shocking even if the guilt was established.