NIRMAL KIUMAR DUTTA Vs. KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY
LAWS(CAL)-2013-3-111
HIGH COURT OF CALCUTTA
Decided on March 06,2013

Nirmal Kiumar Dutta Appellant
VERSUS
KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

SAMBUDDHA CHAKRABARTI,J.: - (1.) THE subject matter of challenge of this writ petition is the continuance of disciplinary proceeding after the retirement of the petitioner.
(2.) THE petitioner was employed as the Administrative Officer and Estate Manager (Flat), M & M Unit under the Kolkata Municipal Development Authority (hereinafter 'KMDA', for short). He retired on December 31, 2010 and the respondent no. 5 herein had released him from the service of KMDA on attaining the age of superannuation. The petitioner also accordingly handed over the charge to the appropriate authority. But before his retirement by a letter dated November 30, 2010 the respondent no. 2 informed the petitioner about an allegation against him and another that at the time of preparing computerised copy of the hand - written waiting list of some eligible candidates the sequence of names was changed by the petitioner and the other employee named therein. Since the preliminary enquiry indicated some manipulation he was asked to show why disciplinary action would not be initiated against him. The petitioner gave a reply refuting the charges.
(3.) ON the last day of service, however, the petitioner had received a charge -sheet, dated December 30, 2010 by which he was called upon to submit within 10 working days a written statement of defence.;


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