Shri.D.Vinay Kumar v. The Lt.Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/131/2025 Shri D. Vinay Kumar Vs.

The Lieutenant Governor and Others Mrs. Anjili Nag, Sr. Adv.

Mr. Adarsh Ilango ... for the petitioner Mr. Rakesh Kumar ... for the respondents March 18, 2025 [AKB] Item No.3 1.

The present writ petition has been filed, inter alia, challenging the order dated 24.01.2025 passed by the Secretary, Sri Vijaya Puram Municipal Council rejecting the petitioner's representation for dropping the charges levelled against the petitioner.

2.

In order to appreciate the controversy between the parties it is necessary to note down the facts leading to the filing of the present writ petition.

3.

The petitioner has been serving as a Junior Engineer (E&M), under Sri Vijaya Puram Municipal Council. A disciplinary proceeding has been initiated against the petitioner for alleged contravention of Rule 3

(1) (i), (ii) and (iii) of the Central Civil Services (Conduct) Rules, 1964 read with Rule 27 of the Andaman & Nicobar Islands Municipal Service (CCA) Rules, 2008.

4.

From the Articles of Charge leveled against the petitioner it would transpires that the petitioner had

proceeded to the mainland on medical leave vide application dated 25.10.2021 but he did not submit original copy of the medical certificate. He proceeded on leave for a period of two years with effect from 12.03.2021 without the approval of the competent authority and remained absent from duty unauthorizedly.

5.

From the aforesaid Articles of Charge, it would also transpire that the petitioner had applied for grant of study leave for a period of two years on 12.03.2021 to persue Masters in Engineering /Master of Technology in the session 2021 which application incidentally along with requisite documents is under process of the Andaman & Nicobar Administration for obtaining approval of the Lieutenant Governor. According to the petitioner the course which the petitioner perused is very much essential for benefit of his service. According to the petitioner there was valid reasons for him to seek leave and that the disciplinary proceeding had been initiated only to harass him.

A representation was also made by the petitioner for dropping the charges and regularization of leave and the same had been pending consideration at the end of Secretary, Municipal Council since November, 2023. It is in the facts noted above the petitioner had approached this Court. By an order dated 11.12.

the disciplinary proceeding pending against the petitioner had disposed of the same by directing the Secretary of the Municipal Council to consider the request of the petitioner for dropping the charges with a further direction that if, it appears to the authorities that there is any requirement of proceeding with the disciplinary proceedings after consideration of his representation, then steps may be taken in accordance with law. Such decision was directed to be taken at the earliest, positively within a period of six weeks from date of communication of such order.

6.

Record would reveal that the Secretary, Sri Vijaya Puram Municipal Council by an order dated 29.01.2025 has decided on the petitioner's representation. A perusal of the aforesaid order would reveal that the Secretary has acted mechanically and the representation has been disposed of without application of mind.

7.

Challenging the above order the above writ petition has been filed.

8.

When the matter was taken up for consideration by this Court on 11.03.2025, it was submitted on behalf of the petitioner that the application of the petitioner for study leave is still pending approval. Having regard thereto and noting the sprit of the order passed by the Coordinate Bench of this Court, this Court by order dated 11.03.2025 had directed the respondents to take appropriate instructions.

9.

Today Mr. Kumar, learned advocate representing the respondents would submit that the petitioner's application for study leave is still pending with the authority.

10.

Having heard the learned advocates appearing for the respective parties and having considered the materials on record, I am of the view that the Secretary Sri Vijaya Puram Municipal Council ought to have taken into consideration the pendency of the petitioner's application for study leave. In ordinary course the respondents ought to have disposed of the application for study leave prior to taking a decision for initiating any disciplinary proceeding, the same has not been done. 11.

Although, in the fitness of things it would have been prudent to await the disposal of the application for study leave however, since the aforesaid aspect has not been considered by the Secretary, Sri Vijaya Puram Municipal Council, I am of the view that the matter needs to the remanded back to the Secretary, Sri Vijaya Puram Municipal Council for a fresh decision as regards reconsideration of the representation of the petitioner and the issued with regard to the pendency of the petitioner's application for study leave.

12.

The Secretary, Sri Vijaya Puram Municipal Council must take a decision in this matter by passing a reasoned order within a period of eight weeks from the date of communication of this order by affording an

opportunity of hearing to the petitioner. He may either choose to dispose of the same or await disposal of the application for study leave.

13.

Needless to note that after consideration of the petitioner's representation in the mode and manner as provided herein and upon considering the petitioner's application for study leave, if the respondents are of the view that there is any further requirement to proceed with the disciplinary proceedings then necessary steps may be taken in accordance with law. In the alternative if, the respondents are of the view that the approval can be granted to the application for study leave then as a natural corollary thereof the disciplinary proceedings shall stand dropped.

14.

Since, no affidavit has been called, the allegations contained in the writ petition are deemed to have been denied by the respondents.

15.

With the above observations and directions, the writ application WPA/131/2025 is disposed of. 16.

There is no order as to the costs.

17.

Urgent Photostat certified copy of this order if applied for, the same be supplied to the parties upon compliance of necessary formalities.

(Raja Basu Chowdhury, J.)