SUBRATA DAS Vs. STATE OF WEST BENGAL AND ORS
LAWS(CAL)-2018-6-260
HIGH COURT OF CALCUTTA
Decided on June 04,2018

SUBRATA DAS Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Rajasekhar Mantha, J. - (1.) The writ petitioner was a Manager of Tajpur Samabay Krishi Unnayan Samity Limited. Pursuant to a charge sheet dated 23rd November, 2015, departmental proceedings were initiated against the petitioner and an enquiry was duly conducted. Based on an enquiry report, the Board of Directors had imposed a punishment of reduction or reversion in rank and consequently reversion in pay. The writ petitioner before me is aggrieved, inter alia, on the following grounds:-
(2.) The charge sheet indicated that he could inspect the books of account and records of the society relating to the charges but no copies would be provided to him. The writ petitioner has, however, not been able to demonstrate any prejudice and as to whether a specific grievance was made in that regard before the Inquiry Officer or the Disciplinary Authority. No such grievance has in fact been raised. This Court, therefore, comes to the conclusion that the writ petitioner was not prejudiced by reason of no-supply of any of document at the enquiry stage. The writ petitioner admittedly had taken inspection of the records.
(3.) The next ground urged is that there is no appeal provided for under the Act to challenge the order of the Board. It is trite law that a right of appeal is a creature of statute and cannot be claimed otherwise. Since the Act has not provided any further Appeal from the order passed by the Board of Directors, such right of an appeal cannot be claimed.;


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