RATAN KUMAR DAS Vs. GOUTAM DEB AND ORS.

JUDGEMENT

(1.) The petitioner who was an employee of the North Bengal State Transport Corporation (the Corporation, for short) faced a departmental enquiry. The disciplinary authority by an order dated September 3, 1992, found him guilty and reduced his pay at the lowest of his Grade Pay from the date of the order. The petitioner filed an appeal to the Chairman of the Corporation. According to the petitioner after repeated representations the appellate authority on April 6, 1999 dismissed the petitioner's appeal.

(2.) This compelled the petitioner to approach this court by a writ petition which was disposed of by a learned single Judge of this Court on November 7, 2002 directing the Chairman of the Corporation to hear the appeal and to take a decision afresh after giving the petitioner an opportunity of being heard within a period of four weeks from the date of communication of the order. The order initially passed by the appellate authority was set aside. Since the appellate authority did not comply with the said order the petitioner had to file another writ petition being WP No. 6202(W) of 2007. In spite of being given liberty to file affidavit-inopposition the respondents did not file any such and the writ petition was ultimately disposed of by this Court on September 2, 2013 inter alia directing the appellate authority to comply with the order dated November 8, 2002 passed in the earlier writ petition and to consider the petitioner's appeal afresh within a period of three weeks. It was further directed that the appellate authority was to give the petitioner a fresh decision after giving an opportunity of being heard to him.

(3.) While passing the above order the court observed that in spite of the fact that the decision of the court was communicated in September, 2002 the appellate authority of the Corporation could not take any step in a decade's time which was entirely due to the fault on the part of the respondent Corporation. The Court specifically directed the respondent Corporation to consider the time frame to be peremptory. The respondents were further directed to pay within three weeks a sum of Rs. 10,000/- as costs to the petitioner for the enormous delay it had committed in disposing of the appeal in spite of specific direction by this Court. According to the petitioner this order was communicated by the learned advocate by a covering letter dated November 26, 2013 and it was duly received by the Chairman of the Corporation on December 1, 2013.