Govind Kumar Srivastva v. Union Of India And ORS.

04.05.2022 IN THE HIGH COURT AT CALCUTTA Sl. No.4 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 17529 of 2021 Govind Kumar Srivastva Vs.

Union of India & Ors.

Mr. Saibal Acharya, Mr. Sukhendu Bikash Mukherjee ....for the petitioner.

Mr. Sayantan Banerjee ....for the respondent nos.1, 3, 4 & 5.

It is submitted on behalf of the respondent nos.1, 3, 4 and 5 that in terms of the order dated 8th April, 2022, the petitioner visited the office of the said respondents at Dhanbad on 21st April, 2022 and has taken inspection of all relevant documents. The petitioner accepts such submission. Inasmuch as the petitioner has taken inspection of all the relevant documents, the chapter regarding inspection of documents is over. The only issue, which remains pending, is regarding the petitioner being allowed to participate in the enquiry proceedings through virtual mode. It has been submitted on a previous occasion and recorded in the order dated 9th March, 2022 that the respondent nos.1, 3, 4 and 5 can make necessary arrangement for the petitioner to participate in the enquiry proceedings on virtual mode from the office of the said respondents at Asansol and necessary

arrangement to enable the petitioner to do so can be made by the respondents.

In the aforesaid facts and circumstances, the writ petition is disposed of by directing the respondents to make arrangement at the Asansol office of the respondents to enable the petitioner to participate in the enquiry proceedings through virtual mode therefrom. The Enquiry Officer shall well in advance intimate the petitioner about the next date so that the petitioner can attend the Asansol office of the respondents to participate in the enquiry proceedings through virtual mode by availing the facilities for such purpose arranged by the respondents.

All subsequent hearing of the enquiry proceedings, till it is concluded, shall be held by permitting the petitioner to attend the same through virtual mode to be arranged by the respondents at their Asansol office.

The petitioner shall make himself available on the dates that may be fixed by the Enquiry Officer at the Asansol office of the respondents to participate in the enquiry proceedings through virtual mode.

Nothing further remains to be adjudicated in this writ petition. The same is accordingly disposed of without any order as to costs.

All parties including the Enquiry Officer shall act on the basis of a server copy of this order without insisting upon production of a certified copy thereof. It is made clear that apart from the directions given hereinabove, no other issue has been considered in the writ petition and as such, the enquiry proceedings as also the disciplinary proceedings shall be conducted in accordance with the law following the extant rules applicable to the petitioner and the petitioner shall cooperate, failing which the consequences will follow.

Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted by the respondents.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)