TAPABRATA CHAKRABORTY, J. - (1.) THIS writ application has been preferred challenging the entire disciplinary proceeding including the order of suspension dated 29th April, 2008, the charge sheet dated 28th May, 2008, the enquiry report dated 26th December, 2008, the order of punishment dated 2nd June, 2009 and the appellate authority order dated 10th November, 2009.
(2.) SHORN of unnecessary details, the facts are that the petitioner was initially appointed as a Graduate Engineer (Trainee) in the year 1985 under the West Bengal State Electricity Board, restructured and reorganised to be the West Bengal State Electricity Distribution Company Limited (hereinafter referred to as WBSEDCL). Subsequent thereto, he was permanently appointed in the post of Assistant Engineer (Electrical) in April, 1986 and he was elevated to the post of Superintending Engineer in the year 2007. He was served with an order of suspension dated 29th April, 2008 issued by the respondent no.5 and thereafter he took a decision to resign from his services and wrote a letter to that effect on 13th May, 2008 but by a letter dated 10th June, 2008 the petitioner was intimated that his resignation cannot be accepted due to non -completion of the disciplinary proceeding. In the midst thereof, the petitioner was issued a charge sheet dated 28th May, 2008 to which he replied on 20th June, 2008 but the said reply was not found satisfactory and accordingly by a memorandum dated 27th June, 2008, the respondent no.5 appointed an enquiry officer, who conducted an enquiry in which the petitioner duly participated and upon conclusion of the same, an enquiry report was filed on 26th December, 2008. The petitioner duly replied to the said enquiry report on 24th January, 2009 and subsequent thereto a second show -cause notice was issued on 28th March, 2009 and the order of punishment was ultimately passed on 2nd June, 2009.
(3.) AGGRIEVED by the said order of the disciplinary authority, the petitioner preferred a statutory appeal but the same was also dismissed by an order dated 10th November, 2009. Records reveal that the writ application was admitted on 18th April, 2010, with a direction towards exchange of affidavits. The respondents failed to file the affidavit -in -opposition within time and by an order dated 26th November, 2010 extension was granted to file such opposition upon payment of cost and that by an order dated 15th March, 2012 the Court directed the respondents to produce documents to show as to whether the contract was awarded to M/s. Secure Meters Ltd. (hereinafter referred to as SML).;