JUDGEMENT
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(1.) The petitioner herein has filed the original application
before the West Bengal Administrative Tribunal challenging
initiation of the disciplinary proceedings on the ground that all
the charges levelled against the said petitioner and mentioned in
the charge-sheet are vague, uncertain and exhibit closed and
biased mind of the disciplinary authority. It has been
specifically alleged on behalf of the petitioner that the
disciplinary authority issued the charge-sheet in pre-determined
manner exhibiting utter bias against the said petitioner in
violation of the principles of natural justice and procedural
justice.
(2.) The petitioner also specifically alleged before the learned Tribunal that the disciplinary
authority while framing the charges against the petitioner prejudged the issues. The Learned
Tribunal upon considering the grievances of the petitioner did not pass any order staying the
continuation of the departmental proceedings but directed the disciplinary authority not to pass any
final order without the leave of the said Tribunal.
Subsequently, the matter again came up before the learned Tribunal for further
consideration when a direction was issued to the disciplinary authority to complete the
departmental proceeding and pass the final order. The petitioner was also granted liberty to
challenge said final order before the learned Tribunal by filing a supplementary affidavit in
connection with the pending application.
Ultimately, the final order was passed by the disciplinary authority which was challenged
by the petitioner before the learned Tribunal by filing a supplementary affidavit in connection with
the pending application in view of the liberty granted earlier by the said learned Tribunal.
(3.) The learned Tribunal thereafter, finally disposed of the pending application by directing the
disciplinary authority to implement the final order after a specified time period in order to enable
the petitioner to prefer an appeal before the Appellate Authority and also to grant an opportunity to
the Appellate Authority to decide the said appeal.;
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