PRANAB KUMAR ADHIKARY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Under challenge in this appeal is the common judgement and order dated 20th December 2019 of the Hon'ble Single Bench or, the Hon'ble First Bench, finally deciding the two writ petitions filed by the appellant being WP 96 of 2019 (WP-I) and WP 203 of 2019 (WP-II).

(2.) The Hon'ble First Bench, inter alia, held that the appellant was charge-sheeted by the Howrah Municipal Corporation (HMC) to face a Departmental Enquiry (DE) pertaining to possession of assets disproportionate to his known sources of income. The Hon'ble First Bench held that such a charge under the Prevention of Corruption Act, 1988 (for short the PC Act) pre-supposes an act or omission in relation to his employment and hence the Howrah Municipal Corporation was wholly and completely justified in commencing departmental proceedings, inter alia, by issuing the charge-sheet in question.

(3.) The Hon'ble Single Bench was also of the view that the judgement and order of a Hon'ble Division Bench of this Court In Re: Amit Biswas Vs. State of West Bengal and others as reported in 2007 2) LLN 852 does not apply to the facts connected to the appellant, since the criminal charge In Re: Amit Biswas (supra), arose out of a matrimonial dispute connected to Section 498A of the Indian Penal Code (IPC) whereas, the charge against the appellant is under the PC Act.