Partha Sarathi Das v. The State Of West Bengal And ORS.

S/L 2 03.12.2024 Court No.2 SD CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE WPA 2292 of 2024 Sri Partha Sarathi Das Vs.

The State of West Bengal & Ors.

Mr. Amit Lal Chakraborti Mr. Bapi Sarkar Mr. Chayan Moni Bhowal ... for the Petitioner.

Mr. Joyjit Choudhury, Ld. AAG Mr. Nabankur Paul Ms. Pratusha Dutta Chowdhury ... for the State.

Mr. Choudhury, learned AAG submits that the inventory as directed by the order dated November 28, 2024, has been done and the petitioner has formally handed over the charge.

He files copy of the said inventory along with the charge report; let those documents be kept with the record. Mr. Choudhury submits that at the time of inventory, some important files/documents, and the CPU of the computer in the chamber of the petitioner could not be traced; he submits that those are in the custody of the petitioner. Mr. Chakraborty, learned advocate for the petitioner denies the said allegation of Mr. Chowdhury and submits that those materials might have been removed by the erstwhile Executive Engineer, Bhusan Sherpa.

Be that as it may, the Jaigaon Development Authority shall take steps for recovery of those missing files/documents and CPU; if necessary, lodging appropriate complaint with the concerned Police Station.

The petitioner has challenged the communication of the Chairman of the said authority dated September 6, 2024 whereby the District Magistrate, Alipurduar was requested to take prompt action against the alleged misconduct of the petitioner.

The challenge is misconceived; particularly when the disciplinary proceeding has already been initiated against the petitioner.

WPA 2292 of 2024 therefore is dismissed without any order as to costs; however, the disposal of the disciplinary proceeding be expedited.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)