Kalyan Jyoti Sengupta and Joymalya Bagchi, JJ. - (1.) THIS appeal is preferred against the judgment and order dated 15th September, 2008 by which the learned trial Judge has been pleased to allow the prayer of the writ petitioner. In the writ petition the petitioner/respondent challenged the charge -sheet dated 30th April, 1998, the report of the enquiry officer dated 21st December, 1999 and the second show -cause notice dated 2nd August, 2002. Therefore, it is clear that the writ petitioner came to this Court at a stage when enquiry officer has recorded fact finding and held him guilty.
(2.) IN the charge -sheet the following imputation of misconduct has been levelled. Gross neglect of duty and slack supervision in theft while working as Inspector -in -charge of RPF Post, Malda Town, having failed to prevent and detect theft of 445 bags of sugar from wagon during its stabling at Gour Malda Railway Station from 10/05 hrs. of 4.1.1998 to 16/57 hrs. of 6.1.1998 due to slack supervision failure to connect the affected wagon and submitting slip shod reports being informed by the O/C Kaliachak P.S.
(3.) THE writ petitioner/respondent replied to the said charge -sheet and denied all allegations. However, it was not specifically urged at that stage charge -sheet was issued with a biased mind as in the charge sheet the name of the enquiry officer was indicated. He participated in the domestic proceedings without any objection whatsoever. Upon hearing him, the enquiry officer found him guilty on both counts of charges. On receipt of the said second show -cause notice together with the report of the enquiry officer, the writ petition was filed.;