GOUR GOPAL DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this writ petition the petitioner has come again and this time against the order of dismissal from the service all together. Previously ofcourse punishment was demotion from the status of the officer to the position of the clerk-cum-cashier in the co-operative establishment. The previous order of punishment was challenged by the petitioner before this Court and Justice Pratap Kr. Ray has been pleased to set aside the previous order of dismissal. His Lordship found various procedural irregularity in holding the enquiry, so leave was granted by His Lordship to the respondent authorities to proceed afresh on the self-same charges.

(2.) The enquiry is purported to have been held pursuant to leave granted by Justice Ray on the self-same charges. It is an admitted position that at no point of time the petitioner was kept under suspension although serious charges were levelled against him.

(3.) From the record I find after issuance of the show cause notice for the second time in continuation of the earlier charge sheet the petitioner fifed reply to the show cause who denied all the charges. He wanted to file additional written statement which was not filed by him subsequently as has been recorded by the enquiry officer.