MANABENDRA CHAKRABORTY Vs. WBSEDCL

JUDGEMENT

(1.) The subject matters of this writ petition are the charge-sheet dtd. 25/5/2012 as submitted against the writ petitioner, the findings of the enquiry officer dtd. 18/6/2013, the punishments as awarded by the disciplinary authority upon the writ petitioner on 09/10/3/2015 and the findings of the appellate authority dtd. 19/2/2016 affirming the findings of the enquiry officer and disciplinary authority and also the punishments awarded by the disciplinary authority.

(2.) For effective adjudication of the instant lis the facts leading to the submission of the charge-sheet against the writ petitioner are required to be narrated in a nut shell and those are as under :-

(3.) In course of his argument Mr. Bihani, learned Senior advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page no.49 of the instant writ petition being a copy of the charge sheet dtd. 25/5/2012 as submitted by the respondent/authority against the writ petitioner. Attention of this Court is also drawn to page no.53 of the writ petition being a copy of the list of documents which were supplied to the writ petitioner along with the articles of charge. It is submitted by Mr. Bihani that from Sl. No.13 of such list of documents it will reveal that the disciplinary authority intended to place its reliance in the said departmental proceeding proposed to be initiated against the delinquent over the circulars dtd. 16/7/2011 and 3/3/2010. It is submitted on behalf of the petitioner that the said circulars have been exhibited in the said departmental proceeding as Exhibit nos.14 and 15. It is further submitted that the enquiry authority while arriving at its findings has placed reliance upon the said Exhibit nos.14 and 15 and came to hold that the writ petitioner was guilty of the charges as framed against him.