- (1.) The petitioner in the WPST under Article 226 of the Constitution of India dated August 11, 2014 is questioning an Order of the West Bengal Administrative Tribunal dated June 18, 2014 dismissing his OA No. 1539 of 2012. The petitioner filed the OA feeling aggrieved by an Order of punishment dated November 5, 2012 passed in a disciplinary proceeding initiated against him. It was an Order of the Governor imposing the penalty in exercise of power conferred by r. 10(11) of the West Bengal Services (Classification, Control & Appeal) Rules, 1971.
(2.) The penalty was as follows:- "..................reduction to 2nd lower stage in the time scale of pay for a period of two years upon Shri Nandan Kumar Barua, the then Superintendent of the Howrah District Correctional Home at the material time with the direction that the delinquent will not earn increments of pay during the period of such reduction and on expiry of such period, the reduction will not have the effect of postponing the future increments of his pay under Rule 8(iv) of WBS(CC & A) Rules 1971. The Charged officer would be debarred from promotion during the period of his undergoing the penalty and such debarment from promotion will not be treated as penalty."
(3.) The disciplinary proceeding was initiated by the Governor by issuing a charge-sheet dated May 5, 2009. At this date the petitioner was the Burdwan District Correctional Home Superintendent. Six charges were framed against him. He submitted his statement of defence dated June 4, 2009 dealing with all the six charges and contending that, on the facts, there was no reason to say that he had committed any misconduct.;