STATE OF WEST BENGAL Vs. AMARENDRA KUMAR SINGH

JUDGEMENT

(1.) State as the writ petitioner has assailed the order dated February 4, 2020 passed by the West Bengal Administrative Tribunal in OA 142 of 2019.

(2.) By the impugned order, the Tribunal has set aside the entire departmental proceedings initiated against the respondent No. 1 holding, inter alia, that the finding of the enquiry officer was vitiated due to breach of principles of natural justice and that, the quantum of punishment was in violation of Rule 8 (ii) of the West Bengal Service (Classification, Control and Appeal) Rules, 1971.

(3.) Learned senior advocate appearing for the State has contended that, the respondent No. 1 during his incumbency as Executive Engineer committed grave irregularities while discharging his duties by deviating from the tender/contract conditions which resulted in loss to the State exchequer. Consequently, a departmental proceeding had been initiated against respondent No. 1 by a charge-sheet dated May 25, 2016 which was amended on August 1, 2016. The respondent No. 1 had submitted a written Statement of defence with regard to the charges levelled against him. He had been granted requisite opportunity to substantiate his defence.