MD. SHAFIULLAH GAZI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE writ petitioner while assailing the judgment and order dated

(2.) ND August, 2012 passed by the West Bengal Administrative Tribunal in Case No. O. A. 249 of 2012 has raised an important question with regard to the validity and/or legality of the disciplinary proceedings initiated against the petitioner herein. The learned West Bengal Administrative Tribunal, however, by the impugned judgment and order dated 2nd August, 2012, upheld the jurisdiction of the Disciplinary Authority to pass the final order in the instant case but held that in case of enhancement of punishment other than the notified one, fresh notice is to be served. The petitioner is aggrieved by the aforesaid decision of the learned Tribunal, since the learned Tribunal granted liberty to the respondent authorities to inflict enhanced punishment upon the petitioner after serving fresh notice. 2. On examination of the impugned judgment and order passed by the learned Tribunal, we find that the Public Service Commission, West Bengal by its order dated 3rd August, 2011 suggested enhancement of punishment other than the punishment notified to the petitioner herein. Pursuant to the aforesaid advice of Public Service Commission, West Bengal the respondent authorities proposed imposition of enhanced punishment upon the petitioner herein without serving any fresh notice on the petitioner in respect of enhanced punishment.

(3.) THE learned advocate of the petitioner also submitted that the Governor did not authorise any other authority to initiate and conduct the disciplinary proceedings against the petitioner herein. The learned advocate of the petitioner submitted that in the instant case, the disciplinary proceedings initiated against the petitioner stands vitiated on the sole ground that the same was neither initiated by the Disciplinary Authority nor by any authority aurhorised by the said Disciplinary Authority.