DEBJANI SENGUPTA Vs. INSTITUTE OF COST ACCOUNTANTS

JUDGEMENT

(1.) The application for review had been filed by the writ petitioner of WPA 4806(W) of 2019, inter alia, praying for setting aside the judgment and order dated May 3, 2019.

(2.) The prayer for review had been made on the ground that the judgment disclosed error apparent on the face of record. As the Officers' Service Rules, 1983 (hereinafter referred to as the said service rules) had not been published in the Gazette of India, the direction of the Court upon the employer to initiate disciplinary proceedings under the said service rules and to take necessary steps with regard to imposition of punishment etc. as per the provisions of chapter-V of the said service rules, was a mistake of law and should be corrected.

(3.) Mr. Kallol Basu, learned Advocate appearing on behalf of the applicant/writ petitioner referred to Sec. 16(2)(a) of the Cost and Works Accountants Act, 1959 (hereinafter referred to as the said Act) and submitted that the council was the appointing authority of the writ petitioner as also the respondent No.7. The proceeding under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the Act of 2013), was initiated against the respondent No.7, on the basis of the complaint of the petitioner.