( 1 ) A show-cause notice dated 15. 11. 2002, issued by the Chairperson, kaliaganj Municipality has been subjected to challenge in the present writ proceeding at the instance of the petitioner who, at the material time, was working in the said Municipality as an Assignment Inspector. The petitioner was sought to be proceeded against for committing misconduct of temporary defalcation of public fund, insubordination and for raising incorrect and inconsistent pleas for obtaining leave on medical ground.

( 2 ) THE show-cause notice was challenged not on the ground that the Chairperson had no authority to issue the same or that the" same did not disclose any offence or that the allegations were vague. On the contrary, the same was assailed on the ground that before initiation of disciplinary, proceeding against the petitioner, a First Information Report had been lodged on 3. 7. 02 in relation to an allegation of defalcation of fund by the petitioner, giving rise to Kaliaganj Police Station Case no. 84/02 dated 3. 7. 02 under Section 409 of the Indian Penal Code and since criminal proceeding was pending on the charge of temporary defalcation alleged against the petitioner in the show-ca

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