STATE OF WEST BENGAL Vs. DIPAK KUMAR ROY

JUDGEMENT

(1.) The writ petition is at the behest of the State.

(2.) The writ petition is directed against an order dated June 21, 2023 passed by the West Bengal Administrative Tribunal in O.A.178 of 2023.

(3.) Learned Senior Advocate appearing for the writ petitioners submits that, private respondent was a Sub-Inspector of West Bengal Police. A departmental proceeding was initiated as against him. The departmental proceeding is governed by the provisions of the Police Regulations of Bengal, 1943. In particular, he draws the attention of the Court to the Regulation 861. He submits that, such Regulation does not enjoin a duty upon the authorities to appoint a presenting officer in a disciplinary proceeding. He points out that in the facts and circumstances of the present case, the enquiry report was accepted by the disciplinary authority. Disciplinary authority imposed punishment. A statutory appeal was carried. Revision was also preferred by the private respondent. Thereafter, the private respondent approached the Tribunal.