DR. ANINDYA SUNDAR DAS Vs. STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-2018-9-157
HIGH COURT OF CALCUTTA
Decided on September 17,2018

Dr. Anindya Sundar Das Appellant
VERSUS
State of West Bengal and Others Respondents

JUDGEMENT

DEBASISH KAR GUPTA,J. - (1.) This writ application is directed against a final order dated July 4, 2016 passed by the West Bengal Administrative Tribunal in the original application. The subject matter of challenge in the original application were as follows:- i)An order of suspension dated March 16, 2016 passed against the petitioner in connection with his services in the post of "Medical Officer". ii) Direction upon the respondent authority not to proceed with the disciplinary proceedings initiated against him by a charge sheet dated March 16, 2016 till disposal of the criminal case pending against him. iii) To change the enquiry officer.
(2.) Having heard the learned Counsel appearing for the respective parties as also after considering the facts and circumstances of this case, we find that the petitioner was placed under suspension by an order dated March 16, 2016. Thereafter, the disciplinary proceeding was initiated against him by issuing a charge sheet dated March 16, 2016. An enquiry officer was appointed by the disciplinary authority by an order dated April 12, 2016. The first date of hearing was on April 18, 2016. Thereafter, the original application was filed.
(3.) The learned Tribunal disposed of the above original application:- In the facts above, we dispose of this application with a direction on the Secretary, Department of Health and Family Welfare, Govt. of West Bengal (Respondent. No. 1), being the disciplinary authority, to change the present enquiring authority as early as possible under intimation to the applicant. After changing of the present enquiring authority, he is directed to appoint a fresh enquiring officer in accordance with the rules and to supply copies of necessary documents to the applicant and provide all opportunities to the applicant in order to defend him by filing documents, cross examination of the witness and examining own witness etc. The order of stay granted earlier stands vacated.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.