Woman’s plight in mind, HC goes soft on false claims
Times of India | 30 September 2024
Kolkata: Considering that the petitioner, a woman who sought appointment as ASHA Karmee in Kharagpur Block-II, comes from a weaker section of the society, the Calcutta High Court decided not to impose a cost for making false averments in a plea.
“Ordinarily we would have penalised the appellant by imposing cost but we note that she is a lady and comes from an economically weaker section of society.
Hence, we refrain from imposing costs on her,” the division bench of justices Joymalya Bagchi and Gaurang Kanth stated.
The 34-year-old Nilu Rani Dey (Atta), a resident of Kuldiha in Kharagpur, filed an appeal contending that she was the second empanelled candidate and was to be appointed after the first candidate was found ineligible. Nilu, in 2019, had filed a case against one Nilima Maity on the ground she was neither a widow nor a divorcee as per the criteria laid down in the advertisement.
At the time, the single judge cancelled Nilima’s appointment and directed for appointment of the second empanelled candidate in her place and steed. Accordingly, one Soma Rani Atta was appointed to the post. Nilu said she was entitled. But the state contended that she was not an empanelled candidate. On perusal of the list of candidates empanelled, the single judge did not find the appellant’s name. The appellant could not show her name on the empanelled list before division bench of Justice Bagchi.