Kalyan Jyoti Sengupta and Prasenjit Mandal, JJ. - (1.) We have heard learned Counsel for the parties and have gone through the impugned judgment and order. On 7th of March, 2008, having seen the impugned judgment and order passed by the learned Tribunal and having found that at that point of time no final order of removal had been passed, we had admitted the application.
(2.) The challenge before the learned Tribunal related to the legality, validity and propriety of the order of suspension. On the date of passing order by the learned Tribunal it was informed by the applicant that disciplinary proceedings had already been initiated and major penalty charge-sheet had been issued. At the time of admission we have thought of deciding on the point of legality, validity and property of the order of suspension but since nothing could be produced to show, except oral statement, that order of removal had been passed, we could not pass any effective order. Now everything has been enclosed, including the order of removal.
(3.) Mr. Mukherjee, learned Counsel for the applicant, submits that since this subsequent event is continuation of the cause of action, Court can look into the legality, validity and propriety and of the disciplinary proceedings.;