HARISH T ANDON, J. - (1.) THIS application under Article 226 of the Constitution of India is filed challenging the order dated January 10, 2012 passed by West Bengal Administrative Tribunal in Miscellaneous Application No. 126 of 2011 arising from Original Application No. 1362 of 2004.
(2.) ADMITTEDLY , a criminal case is registered in the Charu Market Police Station being Case No.37 on March 9, 2004 under Sections 120B/170/419/420/468/471 of the Indian Penal Code. However, cognizance was taken only under Sections 120B/419/420 of the Indian Penal Code and the said criminal proceeding is still pending.
(3.) THE respondent authorities contemplated to initiate a departmental proceeding against the petitioner in the year 2004 on the similar and identical charges for which the cognizance has been taken in the said criminal proceeding. The petitioner was placed under suspension and was paid his subsistence allowances. Challenging the initiation of the departmental proceeding, the petitioner filed original application being O.A. No.1362 of 2004 before the West Bengal Administrative Tribunal, praying for the following reliefs: "(a) An order do issue directing the respondent authorities particularly respondent No.2,3 and 4 to drop and/or withhold the departmental proceeding to be held on 17.08.2004. (b) An order do issue directing the respondent authorities particularly the Respondent No. 2,3 and 4 to suspend and/or withhold the departmental proceeding till the disposal of the Criminal Proceeding in the Learned Court at Alipore. (c) Cost of this application (d) Any other order or further orders." ;