- (1.) THE subject matter of challenge in this writ petition is the second show-cause notice dated 2nd June, 2002. During the pendency of this writ petition with the leave of Court the petitioner made his representation to the second show-cause notice. Thereafter, the final order removing him from service was passed on 12th September, 2002. He preferred a statutory appeal, which was dismissed on 8th March, 2003. With the leave of Court he has filed an application registered as CAN 3280 of 2003 bringing on record the subsequent event also challenging the final order and the appellate order.
(2.) THE charges framed against the writ petitioner were as follows: "thus, it appears that Sri Bidyut Kumar Paria, S. S. willfully and motivatedly did not disclose the facts to his superior after his inspection on 19. 10. 2000, causing financial loss to the Board. Further, it also appears that Sri Paria was called on at Corporate Vigilance Cell on 11. 1. 2001 for interrogation and it appears from the statement dated 11. 1. 2001 that Sri paria did not furnish full and correct information when asked for, but gave misinformation. Such conduct of Sri Paria, if proved, is unbecoming on the part of an employee of the Board and is in violation of Regulation 38 of WBSEBESR and tantamounts to an act of misconduct and breach of discipline in terms of Regulations 61 (d), 61 (e), 61 (i) and 61 (p) of WBSEBESR Regulations. "
(3.) THE enquiry officer has held that the charges were duly proved. The disciplinary authority based on report that passed the order of removal. The appellate authority did not interfere.;