PRATAP RAY Vs. KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY AND ORS.
LAWS(CAL)-2018-2-184
HIGH COURT OF CALCUTTA
Decided on February 02,2018

Pratap Ray Appellant
VERSUS
Kolkata Metropolitan Development Authority And Ors. Respondents

JUDGEMENT

SAMBUDDHA CHAKRABARTI,J. - (1.) This is the fourth round of litigation by the same petitioner over the same charges for which he had to face the disciplinary proceeding. Pursuant to the orders passed by this Court in the earlier round of writ petition the disciplinary proceeding had been concluded and the petitioner had also accepted the amount as final.
(2.) The Disciplinary Authority by an order dated February 22, 2017 imposed upon the petitioner the penalty of reducing the last pay by two stages in the same time-scale without any further claim of increment with permanent effect in terms of the relevant regulation.
(3.) After the Disciplinary Authority had passed the order the petitioner had assailed the entire disciplinary proceeding by way of a writ petition. Since the order of the Disciplinary Authority had its ramification only in terms of money the acceptance of the retiral dues by the petitioner without any objection or any issue should operate against the petitioner on the principle of estoppel and waiver.;


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