Sambhu Sarkar v. State Of West Bengal And ORS.

18.11.2024 Ct. 23 M/L 11 ab

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 17895 of 2024 Sambhu Sarkar -VsThe State of West Bengal & Ors.

Mr. Bikash Ranjan Neogi, Ms. Ananya Neogi ... for the petitioner Mr. Ranjay De ... for the respondent nos. 2 to 4 The petitioner is a Judicial Officer. The petitioner was implicated in a criminal case, which was initiated as G.R. Case No. 1140 of 2016. The petitioner was subsequently acquitted. In the meantime, the petitioner was served with a suspension notice, which has since been withdrawn and/or revoked. The petitioner says that the disciplinary proceeding is being held at the enquiry stage wherein only two witnesses have been examined since the issuance of the charge sheet on 15th December, 2022. The petitioner alleges delay on the part of the Inquiry Officer to conclude the enquiry proceedings.

After hearing the parties and considering the materials on record, I direct the enquiry proceeding and the disciplinary proceeding should be conducted at the

earliest but not beyond eight months from the date of communication of a server copy of this order. Nothing further remains to be adjudicated in this writ petition. The same is accordingly disposed of. Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

Parties including the Inquiry Officer are directed to act on the basis of the server copy of this order without insisting upon production of a certified copy thereof.

(Arindam Mukherjee, J.)