LAWS(CAL)-1999-9-23

SHIBNATH MUKHERJEE Vs. WEBEL POWER ELECTRONICS LTD

Decided On September 07, 1999
SHIBNATH MUKHERJEE Appellant
V/S
WEBEL POWER ELECTRONICS LTD Respondents

JUDGEMENT

(1.) The main writ application was moved by the writ petitioner, inter alia, challenging the charge-sheet issued in connection with the disciplinary proceeding and the order of suspension passed therein.

(2.) The charge-sheet was challenged, inter alia, on the ground that the same is vague and the same has been issued mala fide and without any authority of law and the same is harassing. It is also contended that the charge-sheet and the suspension has been issued in excess of jurisdiction and the same is not based on any materials. It was also contended that the biased and closed mind of the disciplinary authority is manifest on the charge-sheet. On moving the aforesaid writ application ALTAMAS KABIR, J. was pleased to direct that the enquiry proceeding will continue and the final order may be passed but no effect of the same will be given.

(3.) During the pendency of the writ application the instant application has been made by the petitioner being CAN 3425/1999, wherein the main prayer of the petitioner is that he is entitled to full salary during the period of suspension, which is being illegally withheld and therefore there should be direction upon the respondents to pay his full salary.