- (1.) The petitioner in this WPCT under Article 226 of the Constitution of India dated January 28, 2013 is questioning an order of the Calcutta Bench of the Central Administrative Tribunal dated January 10, 2013 refusing interim relief in his OA No. 9 of 2013. The relevant parts of the order of the Tribunal are quoted below:-- 2. In view thereof, issue DASTI notice under Rule 11(1)(i) & (iii) of CAT (Procedure) Rules, 1987 returnable on 23.1.2013. 3. The party in person insists on grant of Interim Relief. The Interim Relief sought for is not to pass any order in the proceedings till the adjudication of present OA. The Interim Relief as prayed for would amount to overreaching the Hon'ble High Court, which cannot be granted. Accordingly we do not find justification in accepting such a prayer.
(2.) By a charge-sheet dated March 29, 2006 (WPCT p.23) disciplinary proceedings were initiated against the petitioner. At that date he was working as the Deputy Inspector General of Police, Home Guards, West Bengal. The proceedings were initiated under the provisions of the All India Services (Discipline and Appeal) Rules, 1969. The principal allegation was that he was involved in unauthorised real estate business.
(3.) The petitioner participated in the proceedings. By an order dated May 16, 2012 (WPCT p.55) the penalty of dismissal from service was inflicted. Questioning the order the petitioner filed an OA No. 501 of 2012 in the Tribunal. The order was questioned, inter alia, on the grounds that the penalty was inflicted on the basis of the UPSC advice without giving him any opportunity of making representation there against.;