S.B. Sinha, J. - (1.) This application is directed against an order dated 10.12.1999 passed by the West Bengal Site Administrative Tribunal in O.A. 10265 of 1999 whereby and whereunder an interim order of injunction was passed stating : "in view of the discussion made above, we hold that there is not only a prima facie case in favour of the prayer for an interim order of injunction but the balance of convenience and inconvenience is also in favour of granting the prayer for injunction. This does not mean that the respondents cannot till up the post of D.H.S by a regularly selected candidate. But prayer for an interim order staying the operation of the impugned order, in the circumstances of the case, should be allowed." Respondent No.1 was holding the substantive post of Additional Director of Health Service and State Leprosy Officer Under the State Government. On 10th November, 1998 he was given additional charge on temporary basis to act as acting Director of Health Officer in the following term: "The Governor is pleased to hereby release Dr. Somnath Chartterjee, Additional D.H.S. (Admn) and State Leprosy Officer of the additional charges of acting D.H.S. with immediate effect. This order is made in the interest of public service." Allegedly for certain serious financial irregularities committed by him, he was charge-sheeted on 19th December, 1997 whereafter again another charge-sheet was issued. One application was filed by him questioning the disciplinary proceeding which was disposed of. However, the respondent No. I filed an application on 11th February, 1999 before the Tribunal which was marked as O.A. 617 of 1999 and the same was disposed of with a direction upon the Respondent to wind up the disciplinary proceedings within a reasonable time or say 6 months from the day of passing of the order in default whereof the proceeding shall stand quashed.
(2.) An application for recalling and/or review of the said order dated 11.2.99 passed in O.A. No. 617 of 1999 was filed by the respondent which was marked as R.A. No. 9 of 1999 which is still pending. On 10th November, 1999 a notification was issued appointing the first respondent as Acting Director of Health Service temporarily in addition to his own duties. However, the said order was modified by a notification dated 15th November, 1999, in terms whereof he was directed to function as Acting D.H.S. until further order.
(3.) By an order dated 30th November, 1999 the Government directed his release from the additional charges of Acting D.H.S and by an order of the same day one Dr. Sujoy Kr. Das was appointed as Director of Health Service. Dr. Sujay Kumar Das allegedly has assumed charge on 1st December, 1999 and the instant application was filed by the first respondent herein on 7th December, 1999 wherein the impugned order dated 10th December, 1999 has been passed.;