KRISHNA CHOUDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner herein has filed the original application before the West Bengal Administrative Tribunal challenging initiation of the disciplinary proceedings on the ground that all the charges levelled against the said petitioner and mentioned in the charge-sheet are vague, uncertain and exhibit closed and biased mind of the disciplinary authority. It has been specifically alleged on behalf of the petitioner that the disciplinary authority issued the charge-sheet in pre-determined manner exhibiting utter bias against the said petitioner in violation of the principles of natural justice and procedural justice.

(2.) The petitioner also specifically alleged before the learned Tribunal that the disciplinary authority while framing the charges against the petitioner prejudged the issues. The Learned Tribunal upon considering the grievances of the petitioner did not pass any order staying the continuation of the departmental proceedings but directed the disciplinary authority not to pass any final order without the leave of the said Tribunal.

(3.) The learned Tribunal thereafter, finally disposed of the pending application by directing the disciplinary authority to implement the final order after a specified time period in order to enable the petitioner to prefer an appeal before the Appellate Authority and also to grant an opportunity to the Appellate Authority to decide the said appeal.