JUDGMENT :

Raja Basu Chowdhury, J:

1. The present writ application has been filed, inter alia, challenging the order dated 23rd May, 2019 passed by the Assistant Provident Fund Commissioner, RO, Park Street Kolkata.

2. The original respondent no. 4 was appointed with the writ petitioner sometimes in or about 13th February 1993 in the maintenance department. While the original respondent no. 4 was in employment, a charge sheet-cum-order of suspension dated 12th December 2001 was issued alleging that the original respondent no. 4 along with other employees, who were either on duty or off duty had assembled in front of the main gate, walked through the lobby towards the office of the VP & GM (O), shouted slogans and pasted posters, both inside and outside the hotel lobby thereby defacing the entire walls. The above constituted major misconduct on the part of the original respondent no. 4 and the original respondent no. 4 was called upon to explain in writing why disciplinary action shall not be taken against him. The reply to the charge sheet having been found unsatisfactory, a regular disciplinary proceeding was initiated against the original respondent no. 4 along with other employees.