D.P.KUNDU, J. - (1.) This appeal has arisen out of judgment and order dated September 24, 1991 passed by MAHITESH MAJUMDAR, J. as he then was in Civil Order No. 9654 (W) of 1990 to the extent the said judgment and order permitted the drawal of fresh proceedings and directed that the appellant/writ petitioner be kept under suspension during the pendency of such fresh proceedings.
(2.) One Ajit Kumar Bhattacharjee, since deceased, was an employee of South Bengal State Transport Corporation which is a Statutory Body. The said Ajit Kumar Bhattacharjee expired on July 1, 1996. After his expiry, appropriate application had been made for substitution and the present appellants had been substituted in place and stead of Ajit Kumar Bhattacharjee.
(3.) While the said Ajit Kumar was in service in South Bengal State Transport Corporation, certain charges were framed against him and a disciplinary proceeding was initiated against him. In the said disciplinary proceeding Ajit Kumar was found guilty of the charges and ultimately he was dismissed from the service of the Corporation. Thereafter Ajit Kumar preferred an Appeal before the; Appellate Authority which was also rejected by the Appellate Authority. Being aggrieved and dissatisfied with the aforesaid dismissal from service, Ajit Kumar initiated a writ petition being Civil Order No. 9654 (W)/90. challenging the legality of the disciplinary proceeding and the order of penalty imposed upon him and also the appellate order passed in the Disciplinary proceeding. MAHITESH MAJUMDAR, J. (as he then was) finally heard, the aforesaid writ proceeding and by the judgment and order dated September 24, 1991 partly allowed the writ application.;