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2019 Supreme(Cal) 116

DIPANKAR DATTA, BIBEK CHAUDHURI
State of West Bengal – Appellant
Versus
Subiman Saha – Respondent


Advocates Appeared:
Kishore Dutta, Adv., Chaitali Bhattacharya, Adv., K.M. Hossain, Adv., Bikash Ranjan Neogi, Adv., Gobinda Chaudhuri, Adv., A. Neogi, Adv.

JUDGMENT :

DIPANKAR DATTA, J.

1. These writ petitions, having a common genesis, involve the same parties. The same were naturally heard together and we propose to dispose it of by this common judgment and order.

2. Before we refer to the subject matter of challenge in these writ petitions, it would be necessary to take a few steps backward in point of time and ascertain the facts leading to initiation of litigation before the West Bengal Administrative Tribunal (hereafter the tribunal) by the respondent no.1 (hereafter Dr. Saha).

3. By an order dated June 19, 2000, the Principal Secretary to the Government of West Bengal, Labour Department placed Dr. Saha under suspension with immediate effect and until further orders, in contemplation of an inquiry against him for gross negligence of duty and misconduct. At the relevant time, Dr. Saha was posted as the Medical Officer, Blood Bank, ESI Hospital, Manicktola, Kolkata. A charge-sheet dated August 25, 2000 followed soon thereafter. The articles of charge framed against him, read as follows:

"Article of Charge-I

That Dr. Subiman Saha, Ex-M.O. Blood Bank, ESI Hospital, Maicktala, committed gross blunder in detecting blood group of the deceased









































































































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