KRISHANU MAULIK Vs. INDIAN STATISTICAL INSTITUTE

JUDGEMENT

(1.) The present writ petition has been preferred primarily praying for the following relief: -

(2.) Mr. Bose, learned advocate appearing for the petitioner submits that there had been no misrepresentation of facts in the petitioner's letter dated 22nd October, 2018 submitted to CIC. Upon considering the contents of the said letter, the second appeal was disposed of by an order dated 31st October, 2018. For having preferred the statutory appeal under the provisions of the RTI Act the authorities of ISI could not have initiated the disciplinary proceeding. The petitioner has exercised his right in terms of the RTI Act and has availed the remedies as provided under the said Act. Such act cannot be construed to be a misconduct and as such the disciplinary proceeding cannot survive.

(3.) He submits that from the contents of the charge sheet and the document annexed at page 179 of the writ petition, it would be explicit that the disciplinary authority had made up its mind and had already formed an opinion to impose penalty upon the petitioner.