Sabyasachi Bhattacharyya, J. - (1.) The present revision arises from a suit, inter alia seeking a declaration that the purported decision alleged to have been taken in the meeting of the council of the defendant Institute held on 13th April 2018 to revert the plaintiff to the post of the Additional Secretary of the Institute of the Cost Accountants of India (the first defendant / present petitioner) is bad in law, without jurisdiction and not enforceable, and for consequential reliefs, including mandatory injunction directing the defendants to immediately set aside, withdraw, quash, rescind and cancel the said decision.
(2.) The plaintiff / present opposite party no. 1 was appointed as an Additional Secretary of the first defendant/petitioner on July 9, 2012 by direct recruitment, on his own application and upon an interview being held. The opposite party no. 1 was subsequently promoted to the post of Secretary of Council on November 7, 2015 by a resolution of the petitioner-Institute, followed up by an office order dated November 24, 2015.
(3.) However, on January 3, 2018 the concerned Ministry constituted a Fact-finding Committee to enquire into allegations against the opposite party no. 1 and to give a report in that regard. Such Committee submitted a report on February 2, 2018, recommending corrective measures, including withdrawing the decision to promote the opposite party no. 1 to the post of Secretary and reverting him back to the post of Additional Secretary upon recovery of excess salary paid to him, for allegedly having been promoted in alleged violation of rules and norms of the petitioner, initiating disciplinary proceedings and suspending the opposite party no. 1 with immediate effect, restricting his entitlement to subsistence allowance.;