CHUNILAL MUKHERJEE Vs. GLUCONATE HEALTH LIMITED

JUDGEMENT

(1.) By this writ petition the petitioner has prayed for a writ in the nature of mandamus directing the respondents to set aside and cancel the impugned show cause notice, the appointment of Sri A. Chowdhury as the Enquiry Officer and letter of suspension issued against him as well as the charge-sheet.

(2.) The petitioner is an employee of the respondent No.1 undertaking. The respondent no. 2 issued a show cause notice upon the petitioner. He gave a reply denying the charges on April 25, 2011. The petitioner was intimated by the respondent No.2 that the management of the Company had decided to hold an enquiry into the charges levelled against him and Sri Apurva Chowdhury the Marketing Advisor had been appointed as an Enquiry Officer.

(3.) The petitioner raised objection to the appointment of Sri Chowdhury as the Enquiry Officer. According to the petitioner Mr. Chowdhury could not be an independent person as his service depended on the respondent No.2. He even raised issues about the appointment of Sri Chowdhury to the post of Marketing Advisor. The petitioner further mentioned that the said respondent No.2 knew Sri Chowdhury for a very long time and he could influence and exploit him.