JOYMALYA BAGCHI, SAMAPTI CHATTERJEE, JJ. - (1.) THE petitioner is aggrieved by order dated 22nd May, 2014 passed by the learned Tribunal in O.A. No. 609 of 2014. It appears that initiation of the disciplinary proceeding pursuant to the charge sheet dated 30th January, 2014 as well as the additional charge sheet dated 18th April, 2014 is the subject matter of challenge before the Tribunal. Interim relief for stay of disciplinary proceeding has also been sought for. The Tribunal by the order dated 22nd May, 2014 has fixed the matter for hearing on the issue of interim relief on 28th July, 2014.
(2.) LEARNED Counsel for the petitioner submits that, in the meantime, notice has been issued upon his client to appear before the disciplinary authority on 4th June, 2014. He submits that such action, in fact, renders the prayer for interim relief infructuous before the Tribunal. Mr. Ganguly, learned Counsel appearing for the State respondents submits that no final order has been passed by the Tribunal and that disciplinary proceeding ought not to be ordinarily interfered with.
(3.) HAVING heard the submission of the respective parties, we are of the opinion that the petitioner shall be at liberty to participate in the disciplinary proceeding without prejudice to his rights and contentions before the Tribunal, including the prayer for interim relief. He shall also be at liberty to pray for preponement of the date of hearing on the point of interim relief before the Tribunal. If such prayer is made, the Tribunal is requested to consider the same favourably subject to its convenience.;