Madhab Ghosh v. The State Of West Bengal And ORS.

OD-7 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/1493/2023 MADHAB GHOSH VS THE STATE OF WEST BENGAL AND ORS

BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA Date : 14th May, 2024.

Appearance :

Mr. Debdutta Basu, Adv.

... for the petitioner.

Mr. Niladri Bhattacharjee, Adv.

Ms. Deblina Chattaraj, Adv.

Ms. Angana Dutta, Adv.

... for the respondent corporation.

Mr. Suman Sengupta, Adv.

Mr. Sombuddha Dutta, Adv.

Mr. Sanatan Panja, Adv.

... for the State.

The Court : - 1. Counsel for the CTC submits that since the petitioner is actually an employee of CSTC, no disciplinary proceedings could have been initiated by the CTC against him. The two organizations are independent bodies. Hence the impugned proceedings against the writ petitioner stands quashed and set aside.

2. The quashing of the proceedings instituted by the CTC against the petitioner shall not stand in the way of the CSTC proceeding against the petitioner in accordance with law.

3. Fifty percent (50%) of consequential benefits pursuant to this order shall be available to the petitioner in terms of the applicable laws, rules and the terms and conditions of the service and from the appropriate employer.

4. The writ petition is therefore disposed of.

5. Urgent certified website copy of this order, if applied for, be made available to the parties subject to compliance with the requisite formalities.

(RAJASEKHAR MANTHA, J.) SN/mg