Jayanta Kumar Biswas, J. - (1.) :- By this writ petition dated 8th August 2001 the petitioner challenges- (a) the charge-sheet dated 7th June 1996 (Annexure-P4); (b) the findings of the enquiry officer dated 7th September 1998 (Annexure -P 15); and (c) the punishment order dated 9th July 2001 (Annexure -P18) passed by the disciplinary authority. The disciplinary authority imposed the punishment of withholding one increment with non-cumulative effect.
(2.) As in March 1996 the petitioner was working as Senior Assistant (A) at Baguihati Group Electric Supply office of the West Bengal State Electricity Board (hereinafter referred to as "the Board"). From 18th March 1996 he was not attending office. On 2nd April 1996 he submitted two applications-(1) For earned leave from 18th March 1996 to 19th May 1996; (2) For permission to contest the general Assembly Election of 1996. There is no dispute that his application praying for permission to context the election was received by the Baguihati office of the Board on 2nd April 1996.
(3.) The last date for presentation of the nomination paper was 3rd April 1996. On this last date the petitioner presented his nomination paper for contesting from the Amta Assembly Constituency. He was nominated by the Indian National Congress. The last date for withdrawal of candidature was 6th April 1996. He did not withdraw his candidature. His application praying for permission to contest the election was, however, considered, and the permission was refused by the competent authority on 9th April 1996. On 9th April 1996 the names of the contesting candidates (including that of the petitioner) were published by the competent authority in terms of section 38 of the Representation of the People Act,- 1951. On 20th April 1996 the communication regarding refusal of permission to contest the election was received by him through registered post. The election was held in the month of May 1996, and he contested the same.;