BASU DEV SOREN Vs. CHAIRMAN KOLKATA PORT TRUST
LAWS(CAL)-2006-2-56
HIGH COURT OF CALCUTTA
Decided on February 24,2006

BASUDEV SOREN Appellant
VERSUS
CHAIRMAN, KOLKATA PORT TRUST Respondents

JUDGEMENT

ARUN KUMAR MITRA, J. - (1.) This writ petition has been moved by one Lower Division Clerk working under Kolkata Port Trust making the following prayers: "a) A writ in the nature of Mandamus commanding the Respondents, their agents and servants to forbear from giving effect or further effect to the impugned order of punishment passed, by the Respondent no.3 vide memo dated 20-03-2002 in Annexure P-17 and the impugned order passed by tile Appellate Authority vide memo dated 03-06-2002 in Annexure P-19 and the impugned order of review passed by the respondent no.3 vide memo dated 25-03-2003 in Annexure P-21; b) A writ in the nature of Mandamus declaring that the impugned disciplinary proceeding initiated vide charge sheet dated 21-7-98 incorporating charges dealt with in previous proceedings, is non-est in the eye of law; c) A writ in the nature of Certiorari directing the respondents, their agents and servants to produce all records and proceedings so that conscionable justice may he administered by quashing the impugned disciplinary proceeding initiated vide charge sheet dated 21-7-98 in Annexure P-12 and the impugned order of punishment in annexure P-17 and the impugned appellate order in Annexure P-19 and the impugned order of review in Annexure P-21 and by granting the other reliefs as prayed for hereinabove;"
(2.) The writ petitioner has challenged the order dated 20-03-2002 being Annexure P-17 to the writ petition passed by the disciplinary authority, the order dated 03-06-2002 passed by the appellate authority being annexure P-19 to the writ petition and the order dated 25-03-2003 passed by the respondent no. 3 on the review application made by the petitioner being annexure P-21 to the writ petition as well as the charge sheet dated 08-02-1991 issued to the petitioner by the respondent no. 2 i.e. the Deputy Chairman; Kolkata Port Trust which has been made annexure P-1 to the writ petition.
(3.) The petitioner alleges that due to prolonged illness he was debarred from discharging his regular services for a period from 12-11-1990 and because of such absence, disciplinary proceeding was initiated against him and the consequence is the charge sheet.;


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