VIRENDRA PROSAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the issuance of an order, of suspension as also a chargesheet against Regional Provident Fund Commissioner at Calcutta. The Chargesheet however is pertaining to happenings of 1978-79 when the petitioner was posted at Bombay in the same capacity.

(2.) APART from the plea of malafides and a perverse action based on non-existing facts, the petitioner contended that being a quasi-judicial authority the act complained of, can at best be recorded as an error of judgment and does not constitute a misconduct. The petitioner further contended that in any event, there has been a gross delay in initiating a proceeding against the petitioner and as such, the Writ court would not permit the continuation of a state proceedings.

(3.) AT. this juncture, it would however be convenient to narrate the charges leveled against the petitioner as appears from the Articles of Charge as below :