Prasenjit Mandal, J. - (1.) This writ petition is at the instance of the respondent Nos. 1 and 2 of the application under Section 19 of the Administrative Tribunals Act. 1985 being numbered as O.A. No. 1123 of 2006 and is directed against the judgment and order dated 7-4-2006 passed thereon and the order dated 20-11-2006 passed in R.A. No. 3 of 2006 arising out of the said O.A. by the learned Administrative Tribunal, West Bengal.
(2.) The fact of the case in short is that the applicant of the said O. A. No. 1 123 of 2006 filed the application for quashing the charge-sheet dated 29-12-2005 issued by the petitioner No. 2 and for quashing the orders of appointment of the Inquiring Authority and the Presenting Officer. The learned Tribunal quashed and set aside the aforesaid orders of appointment of the Inquiring Authority and the Presenting Officer and directed the concerned authority to wait till receipt of the written statement of defence of the charged officer and then to decide if further enquiry is called for or not and if it is found that further enquiry is called for, they shall appoint the Inquiring Authority and also the Presenting officer for conducting the Departmental Enquiry in accordance with law against the applicant. Then the petitioners filed an application for review of the said judgment and order dated 7-4-2006. By order dated 20-11-2006, that review application was dismissed by the learned Tribunal. Being aggrieved by the orders, the petitioners have preferred the above writ petition.
(3.) On hearing the submissions of the learned Advocates of both the sides and on perusing the materials on record, we find that the applicant has raised contention that the Disciplinary Authority has proceeded with its closed mind while issuing charge-sheet against the charged officer, and it is apparent by orders of appointment of the Inquiring Authority and the Presenting Officer, issued, without even waiting for a reply from the charged officer to know if he pleads guilty or not. It is also contention of the applicant that if the Disciplinary Authority is not satisfied with the reply of the charged officer then the Disciplinary Authority is justified in issuing orders of appointment of the Inquiring Authority and the Presenting Officer.;