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Calcutta High CourtWP.CT/228/2025disposed as withdrawn

Mukesh Kumar Yadav v. Union Of India And ORS.

2025-11-11Hon'Ble Justice Sujoy Paul, Acting Chief Justice,Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

November 11, 2025 Sl. No.23 Court No.1 s.biswas WPCT 228 of 2025 Mukesh Kumar Yadav vs.

The Union of India and others Mr. Surajit Samanta Mr. Biswajit Samanta Ms. Sohini Samanta ... for the petitioner Per, Sujoy Paul, A.C.J.

1. Learned counsel for the petitioner after arguing for some time submits that the petitioner assailed the disciplinary proceedings on multiple grounds before the learned Tribunal including the ground that the departmental enquiry and criminal case is founded upon similar facts. In this backdrop, the departmental enquiry should have been stayed. The Tribunal while passing the impugned order dated 25.09.2025, has not dealt with this aspect of the matter. He submits that he may be permitted to file a fresh application for grant of stay before the Tribunal and Tribunal may be directed to decide the said application by touching upon the said untouched aspect. With this prayer, he seeks to withdraw this petition.

2. The reasonable prayer is allowed. The petition is disposed of as withdrawn with the liberty to file interlocutory application before the Tribunal. If such application is filed and the petitioner mentions for out of turn hearing of the said application, we hope and trust that the Tribunal

will look into the urgency of the matter and will pass orders in accordance with law.

3. With the aforesaid and without expressing any opinion on merits, the petition is disposed of. (Sujoy Paul, A.C.J.) [Chaitali Chatterjee (Das), J.]