Shri K.Raj Kumar v. The Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WP.CT/29/2023 Shri K. Raj Kumar Vs.

The Union of India and others Mr. Gopala Binnu Kumar ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondent nos.3 to 6 September 18, 2023 [SR] Item No.7 The instant writ petition is filed by the petitioner assailing an order dated 28th June, 2023 passed by the Central Administrative Tribunal, Kolkatta in connection with the OA/803/2023 by which the prayer for ad interim order was refused. The authorities contemplated to initiate a disciplinary proceeding against the petitioner citing various acts which amounts to misconduct pertaining to the year 2013 to 2019. The petitioner approached the Tribunal assailing the decision of the authorities in initiating the disciplinary proceedings at the fag end of his service career.

It is submitted that the alleged misconduct is of the year 2013 to 2019 and the malice can be seen on the issuance of the notice and the article of charges at the relevant point when the petitioner was about to demit his office.

We find that the Tribunal directed the parties to exchange affidavits with an intent to dispose of the Tribunal application at the earliest. We have given to understand that the petitioner has already attained superannuation.

Furthermore, the respondents have not filed the reply as directed by the Tribunal as of this date. Without venturing to enter into the nitty-gritty of the allegations leveled against the petitioner, we feel that the justice would be sub-served if the Tribunal application itself is decided with promptitude. We, therefore, direct the respondents to file reply to the Tribunal application within five days from the date i.e. by Friday (22.09.2023); rejoinder, if any, shall be filed by Monday (25.09.2023). It goes without saying that a copy of the reply shall be served upon the learned advocate representing the petitioner before filing of the same in the Tribunal.

The Tribunal is requested to take up the matter and dispose of the same on or before 29th September, 2023 by recording proper reasons in accordance with law.

For abandon precaution, we hereby made clear that we had no occasion to go into the merit or demerit of the respective stands of the parties and, therefore, the Tribunal shall not be swayed by any observations made herein above, if incidentally or accidently touches upon the same.

In view of the above, the WP.CT/29/2023 is disposed of. No order as to costs.

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

( Harish Tandon, J. ) ( Rai Chattopadhyay, J. )