- (1.) THIS appeal at the instance of the respondent no. 1 of the writ petition arises out of order dated 26.04.2012 passed in W.P. 5717(w) of 2010, by which the learned Single Judge was pleased to quash the charge -sheet and the penalty imposed on the writ petitioner and directed the appellant to give all the benefits to the writ petitioner within a period of eight weeks from the date of communication of the order.
(2.) THE writ petitioner is en employee of the West Bengal Forest Development Corporation Limited (hereinafter referred to as the appellant). He got promotion to the post of Range Manager in the year 1996 and posted at Buxa Logging Division in the District of Cooch Bihar. In the year 2003 he was transferred to Cashew Plantation Division and posted at Range -I at Midnapur Sadar. The writ petitioner was placed under suspension by the Divisional Manager, Cashew Plantation Division, Midnapur on 12.04.2005 and thereafter charge -sheet was issued against him by the General Manager (headquarters) of the West Bengal Forest Development Corporation Limited on 27.10.2005. The writ petitioner challenged the order of suspension and issuance of charge -sheet against him by filing one writ petition before this Court which was disposed of by learned Single Judge on 22.02.2007 without granting any relief to the writ petitioner. The writ petitioner preferred an appeal before the Division Bench of this High Court against the order of learned Single Judge and the Division Bench had set aside the order of suspension and issuance of charge -sheet against the writ petitioner on the following grounds : i) that the charge -sheet was not issued by the Disciplinary Authority; ii) that the charge -sheet was not issued in accordance with the provisions of the West Bengal Forest Development Corporation Limited Service Rules, 1974 by which the writ petitioner is governed; iii) that the charge -sheet was issued after expiry of two months from the date of suspension of the writ petitioner in violation of Rule 47(a) of the West Bengal Forest Development Corporation Limited Service Rules, 1974 and ; iv) that the order of suspension was also not passed by the Disciplinary Authority of the writ petitioner.
(3.) THE writ petitioner was reinstated in service in compliance with the direction given by the Division Bench of this High Court and he was posted as Range Manager attached to the Divisional Office with headquarters at Midnapur. However, on 18.07.2008 the Managing Director of the West Bengal Forest Development Corporation Limited being the Disciplinary Authority of the writ petitioner issued charge -sheet against the writ petitioner on the self same allegation on which the earlier charge -sheet was issued. The writ petitioner participated in the Departmental enquiry on the basis of second charge -sheet issued against him by the Disciplinary Authority. Ultimately, the Enquiry Officer found the writ petitioner guilty of the charge and the Disciplinary Authority imposed the penalty by way of reduction of his pay to a lower time scale of pay for a period of two years with the proviso that at the end of the said period the pay scale of the writ petitioner will be restored at the existing level and his seniority will be refixed. The writ petitioner preferred W.P. 5717(w) of 2010 challenging the order of penalty imposed on him by the Disciplinary Authority. The writ petitioner also challenged the order of transfer of the writ petitioner in the said writ petition. The said writ petition was disposed of on 26.04.2012 and the learned Single judge had set aside the order of imposition of penalty on the writ petitioner on the following grounds : (i) that the earlier Division Bench did not give any liberty to the Disciplinary Authority to issue the second charge -sheet on the selfsame allegation on which the earlier charge -sheet was issued and quashed by the Division Bench, (ii) that the order of earlier Division Bench has reached its finality as the said order has not been challenged by the appellant before the Higher Forum and as such the Disciplinary Authority cannot proceed against the writ petitioner by issuing second charge -sheet on the self -same allegation on which the earlier charge -sheet was issued and quashed; (iii) that the issuance of second charge -sheet against the writ petitioner is also barred by limitation as laid down in Rule 47(a) of the West Bengal Forest Development Corporation Limited Service Rules, 1974.;