Asok Kumar Ganguly, J. - (1.) Heard the learned Counsel for the parties. This writ petition has been filed by the State of West Bengal challenging an order dated 23rd August, 2005 passed by the West Bengal Administrative Tribunal in O.A. 1074 of 2005. By the said order the learned Tribunal has been pleased to stay the final order of dismissal passed by the petitioner against the respondent in connection with a departmental proceeding.
(2.) The relevant facts of the case are that the aforesaid O.A. was filed by the respondent, Sambhu Nath Guha, challenging the departmental proceeding initiated against him. It was filed by Sambhu Nath at a stage when second Show-Cause Notice was issued to him. The Tribunal entertained the original petition at a second show-cause stage. Grievance was made by Sambhu Nath before the Tribunal to the effect that respondent/Authorities are trying to over reach the Tribunal by trying to pass the final order in a hot haste. As such, a prayer was made to stay the operation of the final order which was passed in a great hurry. Before the Tribunal it was stated by the respondents who are petitioners before us, that the final order has been passed on 18.08.2005 and as Sambhu Nath refused to accept the same on 18.08.2005 and 19.08.2005 they were compelled to serve it in the hospital where Sambhu Nath was admitted for having treatment.
(3.) Recording these facts the Tribunal held that since an attempt is made to overreach the order of the Tribunal and since the respondent/Authorities have acted with indecent haste, an order of injunction should be passed and the Tribunal was pleased to issue the injunction order.;