- (1.) This writ petition has been filed challenging the order dated 9th December, 2014 passed by the West Bengal Administrative Tribunal in O.A. 900 of 2014 whereby the said learned Tribunal refused to pass an interim order of stay of the suspension order of the petitioner herein and directed the parties to file affidavits in the matter.
(2.) Mr. Bikash Ranjan Bhattacharyya, learned Senior Counsel representing the petitioner submits that the respondent No. 3 herein issued the order of suspension to the said petitioner in absence of valid reasons and adequate materials. Mr. Bhattacharyya further submits that the Disciplinary Authority while issuing the suspension order expressed its closed mind and biased attitude by expressing specific opinion that the petitioner herein committed a gross misconduct which is violative of Rule 3 of the W.B.S.(D.R.O.) Rules, 1980 and quite unbecoming of a government employee.
(3.) Mr. L. K. Gupta, learned Additional Advocate General, however, submits that the respondent No. 3 herein in the aforesaid suspension order only expressed a tentative opinion in respect of the conduct of the petitioner and no serious view should be taken in respect of any stray observation recorded in the impugned order of suspension. Mr. Gupta relies on the following decisions of the Hon ble Supreme Court in support of his submissions: 1) [Managing Director, ECIL, Hyderabad & Ors. vs. B. Karunakar & Ors, 1993 4 SCC 727.] (Paragraph 28) 2) [Union of India & Anr. vs. Ashok Kumar Aggarwal, 2013 16 SCC 147] (Paragraph 19);