Sayantan Bhowmick v. West Bengal State Electricity Distribution Company Limiteda And ORS

15.01.2021.

Item no. 30.

Court No.13 ap W.P.A. No. 10233 of 2020 (Through Video Conference) Sayantan Bhowmick

Versus

West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Suvam Sinha.

...For the petitioner.

Mr. S.S. Koley.

...For the WBSEDCL.

Affidavit-of-service filed in Court today be taken on record.

The petitioner was working as Office Assistant in Mathabhanga CCC under the West Bengal State Electricity Distribution Company Limited. He was dismissed from service by an order dated 6th April, 2015 after a regular departmental enquiry.

The petitioner claimed to have preferred an appeal against the order dated 2nd July, 2015 which has not been disposed of till date.

Counsel for the WBSEDCL urges before this Court that the writ petition is bad for the principles of delay and laches since more than about four years have elapsed after the appeal has been filed. Be that as it may, this Court takes an equitable view of the matter and directs the concerned Appellate Authority of the West Bengal State Electricity Distribution Company Limited at Salt Lake in Kolkata to consider and dispose of the petitioner's appeal,

which is annexed to this writ petition, within a period of one month from the date of receipt of a copy of this order.

Upon being enquired, Counsel for the petitioner specifically submitted that his client does not wish to urge any other grounds than that already taken in his appeal.

Since no affidavit-in-opposition has been filed by the respondents, the allegations made in this writ petition shall not be deemed to have been admitted by them.

With the aforesaid directions, the instant writ application shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)