ASHOKE KUMAR SARKAR Vs. WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED & ORS.
LAWS(CAL)-2008-8-123
HIGH COURT OF CALCUTTA
Decided on August 06,2008

Ashoke Kumar Sarkar Appellant
VERSUS
West Bengal State Electricity Distribution Company Limited And Ors. Respondents

JUDGEMENT

S.P. Talukdar, J. - (1.) The writ petitioner was an employee of erstwhile W.B.S.E.B. He was placed under suspension with effect from and by order dated 1" September, 2006 and a disciplinary proceeding was started against him. This was on the ground that he was caught red handed by the concerned authority in presence of the Executive Magistrate and other officials of the trap team while accepting a bribe of Rs. 5000/- as first instalment of the bribe money from one Sri Ananta Kumar Maity. A police case was started over this incident and the same under section 7 of the Prevention of Corruption Act is reportedly proceeding.
(2.) According to Mr. Bhattacharjee learned Counsel for the petitioner, there could be no mala fide intention on the part of the writ petitioner and the allegations made against him are baseless. Mr. Bhattcharjee submits that the disciplinary proceeding which has been started against the writ petitioner is continuing and its further continuation, will prejudice the writ petitioner. In such backdrop, it is submitted that a criminal case has also been started over similar, if not identical, allegations.
(3.) Mr. Bhattacharjee in support of his contention that this Court should not permit the disciplinary proceeding to proceed at this stage thereby causing prejudice to the writ petitioner and the disciplinary proceeding can very well be directed to be stayed till conclusion of the criminal trial.;


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