- (1.) The petitioner herein filed the original application before the Central Administrative Tribunal, Calcutta Bench in O.A. 350/01632/2014 challenging the validity and/or legality of the disciplinary proceedings by issuing the charge sheet and ultimately the second show cause notice was issued proposing to remove the petitioner from service. The said application could not be decided by an appropriate Division Bench of the learned Tribunal on account of non-availability of a judicial member. This Court by the earlier order dated 8th January, 2015 decided to adjudicate the grievances of the petitioner raised before the learned Tribunal on merits so that the interests of the petitioner are not affected for non-availability of the appropriate Division Bench of the learned Tribunal.
(2.) Accordingly, parties were granted liberty to file affidavits in the matter. Today, the matter has been listed for final hearing.
(3.) Mr. Kishore Dutta, learned advocate representing the petitioner submits that the disciplinary proceedings could not have been initiated against the petitioner by issuing the charge sheet wherein it was alleged that the petitioner herein initiated and concluded the enquiry under section 7A of E.P.F. & M.P. Act, 1952 by exercising powers beyond his jurisdiction.;