A division bench of Calcutta High Court on Tuesday declined to stay a single judge bench’s order that had asked the state to initiate departmental proceedings against six government officials in Howrah district, who were accused of conspiring against a CPM candidate in the recent panchayat polls.

The Uluberia subdivisional officer and block development officer and three employees of the backward classes welfare department had allegedly tampered with the nomination documents submitted by CPM candidate Kashmira Begum.

Single bench judge Justice Amrita Sinha had passed the order based on the recommendations of retired Justice Debi Prasad De, the chairman of the one-man commission constituted by the court to probe the issue.

Challenging the legality of the recommendations, BDO Niladri De moved an appeal before the division bench and sought a stay on the order. But the division bench comprising Justice Arijit Banerjee and Justice Apurba Sinha Ray on Tuesday turned down the BDO’s prayer.

During the hearing of the appeal, Justice Sinha said: “The Constitution has given the BDO the highest power. Being a superior officer, the BDO did not hear the complaint lodged by the petitioner (Kashmira). How he expects now that court will hear his complaint.”

The division bench, however, observed that the commission should hear out the BDO before reaching a conclusion.

Appearing for De, advocate Biswarup Bhattacharya claimed that the single bench had not given a chance to the BDO before issuing the order against him.

“The retired judge was asked by the single bench judge to conduct the probe. But the retired judge prepared his report on the basis of a complaint and did not hear my client before reaching a conclusion,” the lawyer said.

The division bench sent the case back to Justice Sinha for final disposal but asked the commission to hear the BDO before taking any decision.

NIA Actb challenged

The state government on Tuesday moved a petition before the high court, challenging some provisions laid down in the National Investigation Agency Act.

After untoward incidents in some areas of Bengal on Ram Navami this year, a division bench of Calcutta High Court issued an order asking the NIA to probe the cases.

Justice Jay Sengupta asked the Union government to file an affidavit and fixed the matter for hearing on August 16.