The Lieutenant Governor And ORS. v. Shri. Dwipendra Das And ANR.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [CIRCUIT BENCH AT PORT BLAIR] ...

WP.CT/22/2022 The Lieutenant Governor and others ... Petitioners Vs.

Shri Dwipendra Das and another ... Respondents Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the petitioners September 23, 2022 [SR] Item No.1 Despite service, the respondent remains unrepresented. The matter is taken up in the absence of the respondent as it is submitted by the petitioners that the disciplinary proceeding has been stalled by the order impugned.

After considering the order dated 5th August, 2022 passed by the Central Administrative Tribunal, Kolkata, we find that the irregularities in conducting the enquiry proceedings as pointed out by the respondents before the Tribunal has been specifically recorded. The recording, inter alia, says that the charges have been framed after a delay of 15 years. In the background after hearing the parties, the Tribunal has directed filing of affidavits. The Tribunal has then held that "let no final order be passed in the matter till the next date". The next date has been fixed on 29th September, 2022.

After considering the submission made by the petitioners and the materials on record, we do not find any infirmity in the order impugned. The Tribunal, after considering the facts of the case on 5th August, 2022, has directed filing of affidavits and have also fixed the next date on 29th September, 2022. The returnable date is within a couple of days from date.

The Tribunal was also right in passing the order that no final order in the disciplinary proceedings should be passed till the next date otherwise the original application filed before the Tribunal is likely to become infructuous once the final order of the disciplinary authority is passed as the premise on the basis whereof the Original Application before the Tribunal has been filed will change. For the reasons aforesaid, we do not find any reason to issue notice to the respondents.

The writ petition is accordingly dismissed, however, without any order as to costs.

(Arindam Mukherjee, J.) (Kausik Chanda, J.)