Latest news with #JaySengupta
Time of India
5 days ago
- Time of India
Give adequate time to NDPS accused for probe expansion: HC
1 2 Kolkata: The prosecution needed to give adequate notice to an accused or his/her counsel in an NDPS case before the prayer for an extension of time for the probe was considered, the Calcutta High Court held while granting bail to a man, arrested with 1.4kg brown sugar by Kaliachak PS cops on Aug 13, 2024. The public prosecutor sought an extension of time to submit the charge sheet as the chemical report of the substance was not collected and the other accused were yet to be caught. The extension was granted on Feb 7, 2025. But the statutory period was to be over on Feb 9, 2025, a Sunday. The prosecution moved the application for an extension of time on the immediately preceding Friday, with a notice served on the advocate of the accused at 4.20 pm, 10 minutes before the court closed. The next date was a non-working Saturday. "The counsel could not have contacted his client, who was in custody, to take proper instructions from him and advance his submissions before the magistrate," Justice Jay Sengupta noted on May 19. The accused on Feb 10 prayed for releasing him on statutory bail and to recall the Feb 7 order. But the judge rejected it. The counsel said, "The special court's failure to procure the presence of the accused, either physically or virtually, at the time of considering the application for extension of the probe period rendered the extension order dated Feb 7 illegal." by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 나이들어 노안+백내장 절대 방치 하지 마세요! 부산백내장노안 전문안과 더 알아보기 Undo While the counsel for the accused argued it was mandatory to produce the accused at the time when the question of extension of the period of investigation was being considered by the court, the state contended it was not the production but that the accused had to be made aware of such prayer of the prosecution. The judge noted, " Notifying the counsel cannot be a goal by itself. The purpose is to ensure he can obtain instructions from the accused for advancement of his submissions to the court at the relevant time." The judge noted the prosecution failed to give adequate notice to the accused or his counsel before their prayer for an extension of time was considered. The accused was not present physically or virtually. "In view of the violation of the ratios of courts, the order/s remanding the accused and extending time for probe are set aside and the petitioner is entitled to be released on statutory bail. The probe agency can make an application for extension of time after complying with the requirements...," Justice Sengupta said.
Time of India
30-05-2025
- Business
- Time of India
High Court: Denial of childcare leave violation of law
High Court: Denial of childcare leave violation of law KOLKATA: Calcutta high court rapped a city college for cancelling an economics professor's child care leave (CCL) of six months, availed to look after her one year old twin daughters, and withholding her salary for the period. "If nourishing years of the two infants are not the right time to grant CCL to petitioner, then one wonders whether the governing body of the college was trying to save it for a later period, when there may possibly be no need for such leave," Justice Jay Sengupta observed in his May 19 order. HC directed Calcutta Girls College authorities to sanction 189 days of CCL to the assistant professor, and release her salary dues for the period within six weeks. Denying the petitioner such leave would amount to flouting the applicable law, the bench ruled. The professor approached the high court after the college, in a decision on Jan 11, 2024, rejected her CCL availed from Jan 11 to July 18, 2023, and directed her to refund the salary received during that period. The petitioner stated that she took maternity leave of 180 days from Nov 12, 2021 to May 10, 2022. She gave birth to the twins via C-section on Nov 26, 2021. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Что происходит при сжигании лаврового листа? Undo She returned to work on May 11, 2022, and on the same day, applied for child care leave to look after her daughters at her Siliguri home, as her husband was abroad and elderly parents-in-law were ill. She was granted and availed CCL from Jan 11 to July 18, 2023. Suffering from post-pregnancy issues, she again applied for CCL from July 21 to Oct 31, 2023, which was sanctioned, and leave without pay from Nov 1, 2023 to Feb 29, 2024, which was approved. She resumed duties on March 1, 2024. According to the rules outlined in the memorandum of Jan 18, 2016, a woman employee is entitled to child care leave for a period of two years, i.e., 730 days, during her entire service period, until the eldest two of her children reach the age of 18 years. She can apply three times within a year, or apply at once for one year. The college submitted that petitioner went on CCL from Jan 11 to July 18, 2023, "without following the proper rules, as per Calcutta University statutes and Acts", and her salary for the disputed period was stopped "due to her unauthorised leave". However, the judge rejected the arguments and noted that the petitioner was well within her rights to claim CCL, and there was no reason for the college governing body not to have considered her application favourably.
Time of India
30-05-2025
- General
- Time of India
Give childcare leave when mom, child need it: Cal HC
1 2 3 Kolkata: Calcutta High Court rapped Calcutta Girls' College for denying to grant child care leave (CCL) of 189 days to an economics assistant professor for looking after her 13-month-old twin daughters. "If the nourishing years of the two infants are not the right time to grant CCL to the petitioner, then one wonders whether the Governing Body of the College was trying to save it for a later period when there may possibly be no need for such leave. Denying the petitioner such leave for the said period would amount to indirectly flouting the applicable law in this regard," Justice Jay Sengupta said on May 19. Justice Sengupta directed the college authorities to sanction the 189 days of CCL and release the salaries due for such a period within six weeks. The assistant professor approached the HC seeking to overturn the decision of Calcutta Girls' College made on Jan 11, 2024, which rejected her child care leave from Jan 11, 2023 to July 18, 2023, and directed her to refund the salary received during that period. She conceived in March 2021. Suffering from pregnancy-related complications, she took maternity leave for 180 days, from Nov 12, 2021 to May 10, 2022. She gave birth via caesarean to twin daughters on Nov 26, 2021. She returned to work on May 11, 2022, and on the same day, she applied for child care leave to look after her daughters at her Siliguri home, as her husband was abroad and her elderly parents-in-law were ill. Suffering from post-pregnancy complications, she applied for CCL from July 21, 2023 to Oct 31, 2023, which was sanctioned, and leave without pay from Nov 1, 2023 to Feb 29, 2024, which was also approved. She resumed duties on March 1, 2024. According to the rules outlined in the memorandum of Jan 18, 2016, a female employee is entitled to child care leave for a period of two years, i.e., 730 days, during her entire service period, until the eldest two of her children reach the age of 18 years. She can apply three times within a year or apply at once for one year. The judge stated that there was no reason for the governing body not to have considered her application favourably and not to sanction the disputed days of CCL. She was within her rights to claim CCL, the judge noted.
