- (1.) The following question has been referred to us for determination: "When a disciplinary proceeding is quashed including the order of dismissal from service and the matter is remanded back to the Disciplinary Authority for starting the proceeding de novo from the stage of enquiry would the delinquent be entitled to be reinstated and be allowed to join their duty as a matter of right?"
(2.) The brief facts which have given rise to the aforesaid question in the present case are as follows: The petitioner was suspended pending a disciplinary enquiry which was to be held against him on 26th December, 2001. A charge-sheet was issued to him alleging that he had submitted false certificates and documents in order to procure employment as a Gangman with the respondents. The petitioner submitted a representation to the authorities to provide him with documents which were relevant for effectively defending himself. On conclusion of the evidence before him, the Enquiry Officer submitted his findings on 23rd December, 2003. The Enquiry Officer held that the petitioner was guilty of the charges levelled against him. A second show cause notice was issued to the petitioner on 3rd September, 2004 directing him to show cause as to why the punishment of dismissal should not be imposed on him. The petitioner's reply to the show cause notice was not accepted by the respondents and he was removed from service on 23rd February, 2005. The appeal preferred by the petitioner was rejected by the Appellate Authority on 21st April, 2005. The petitioner and two other employees who were dismissed for the same acts of misconduct, approached the Administrative Tribunal to challenge the order of dismissal issued against each of them by filing three separate applications. The three applications being O.A. 810 of 2005, O.A. 811 of 2005 and O.A. 812 of 2005 were decided by a common order on 3rd June, 2010 by the Tribunal. The Tribunal quashed and set aside the order of removal and remanded the matters to the Appellate Authority for fresh consideration.
(3.) The other employees, whose applications were decided along with the petitioner's application, approached this Court by filing WPCT 245 OF 2010. The Division Bench of this Court (P. K. Chattopadhyay and A. K. Dasadhikari, JJ.) disposed of the writ petition by remanding the matter to the disciplinary authority and directing it to take a fresh decision in the matter from the stage of completion of the enquiry proceedings. The Division Bench also directed that since the order of dismissal was quashed, the employees should be permitted to resume duty immediately. It further directed that other consequential benefits should be granted to the employee within three weeks from the date of communication of the order.;