Siddhartha Sarkar v. State Of West Bengal And ORS.

02.12.2024 SL. 40, Ct.2 AJ.

In the High Court at Calcutta Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA 2527 of 2024 Dr. Siddhartha Sarkar -Vs- The State of West Bengal & Ors.

Mr. Partha Sarathi Bhattachryya, Senior Advocate, (Through V.C.), Mr. Nabankur Paul, Ms. Sutapa Paul.

...for the petitioners.

Mr. Momenur Rahman, Mr. Pretom Das.

...for the State.

Mr. Bikramaditya Ghosh, Ms. Supriya Singh.

....for the respondent nos.3 & 4.

Affidavit of service filed on behalf of the petitioners be kept with the record.

The petitioner was the Principal of the Ananda Chandra College of Commerce, Jalpaiguri.

The petitioner is facing a disciplinary proceeding; he is challenging the chargesheet cum order of suspension dated November 13, 2024 issued in connection with the said disciplinary proceeding.

Mr. Bhattacharyya, learned senior advocate for the petitioner submits that the materials(s)/document(s) on which the charges are based, have not been supplied to his client.

Mr. Ghosh, learned advocate for the college authority submits that document(s)/ material(s) relevant to the charges framed against the petitioner would be supplied to him, if applied for. He further submits that the petitioner is withholding some of the relevant documents.

Mr. Bhattacharyya denies the fact that his client is in possession of the documents, as alleged.

Heard the learned counsel for the parties, perused the materials-on-record.

It is elementary that to give reply to the charges framed against him, the petitioner is entitled to the copies of the document(s)/materials(s) on which the charges have been so framed, besides he is also entitled to apply for inspection of the originals of those document(s)/ materials(s). The Disciplinary Authority, therefore is directed to supply copies of all the relevant document(s)/material(s) to the petitioner within a period of seven days from date;.

WPA 2527 of 2024 is disposed of with the above terms and observations without any order as to costs.

Since no affidavit has been invited, the allegations contained in the writ petition are deemed not to be admitted.

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.)