ANIRUDDHA BOSE,J. - (1.) The writ petitioner, who was serving under the judgeship at Burdwan has been subjected to a disciplinary proceeding and penalty in the form of curtailment of pension has been imposed on him by the authority of the first instance. The petitioner has preferred an appeal against this order before the Principal Secretary, Government of West Bengal, being the appellate authority under Rule 16(c) of the West Bengal Services (Classification, Control and Appeal) Rules, 1971. The Appellate Authority, however, declined to hear out the appeal on the ground that the Appellate Authority, at this stage being the Secretary-in-Charge of the department on the ground that on the basis of his report only, the Disciplinary Authority had imposed penalty. The second ground taken is that there is no Judicial Officer holding the post of Secretary, Judicial Department at present but the present incumbent to the said post is discharging his duties as the Secretary-in-Charge.
(2.) Mr. Bhattacharya, learned Counsel for the petitioner, however, has brought to my notice Clause 21 of the said Rules which stipulates: "21. Provision when disciplinary authority, etc., subsequently becomes appellate authority. - Notwithstanding anything contained in this part, where the person who made the order appealed against becomes, by virtue of his subsequent appointment or otherwise, the appellate authority in respect of the appeal against such order, such persons shall forward the appeal to the authority to which he is immediately subordinate and such authority shall, in relation to that appeal, be deemed to be the appellate authority for the purpose of the rules in this part."
(3.) Relying on this rule, he has argued that the present Secretary-in-Charge of the Judicial Department, Government of West Bengal ought to have forwarded the appeal to his superior authority.;