LAWS(CAL)-2023-3-72

STATE OF WEST BENGAL Vs. BASUDEB MUKHERJEE

Decided On March 20, 2023
STATE OF WEST BENGAL Appellant
V/S
BASUDEB MUKHERJEE Respondents

JUDGEMENT

(1.) The instant writ application is filed challenging the impugned order dtd. 2/9/2022 passed by the State Administrative Tribunal in O.A. No.1460 of 2013, whereby the Tribunal set aside and quashed Order no. 30-P and AR (Vig.) dtd. 11/1/2008.

(2.) The matter was remanded back by the Tribunal to the disciplinary authority with a direction to serve the copy of the Public Service Commission advice to the respondent before passing of final order. Being aggrieved by and dissatisfied with the impugned order passed by the Tribunal the petitioners have preferred this instant application.

(3.) The facts and circumstances giving rise to this case are that the respondent while was in Government Service faced a criminal case and was arrested and detained in police custody which resulted his suspension. Against the continuation of suspension, this respondent knocked the door of the Tribunal by filing application which was disposed of by giving direction upon the present petitioners to initiate departmental proceedings. This respondent was served with a notice dtd. 31/1/2007 with direction upon him to appear before the Enquiry Authority. The respondent appeared and submitted that he was not supplied with the copy of memorandum of charge-sheet. Consequent to that charge sheet was handed over to him and he participated in the said enquiry proceeding. On 29/11/2007, this respondent was served with a notice along with the copy of the enquiry report directing him to show cause as to why he would not be dismissed from service and ultimately he was dismissed from service vide order dtd. 6/12/2006 by the disciplinary authority.