State of West Bengal vs Snehasis Saha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 636

HARISH TANDON, PRASENJIT BISWAS
State of West Bengal – Appellant
Versus
Snehasis Saha – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Susanta Pal, Adv., Ms. Ananya Neogi, Adv.
For the Respondent: Mr. Amitava Ghosh, Mr. Jaya Brata Ghose, Adv.

JUDGMENT :

Prasenjit Biswas, J. :

1. The instant writ petition has arisen out of an order passed by the West Bengal Administrative Tribunal on 16.09.2018 in connection with O.A. 266 of 2014 wherein the respondent had prayed for quashing the disciplinary proceeding as well as charge sheet issued against him.

2. By the impugned order the learned Tribunal allowed the original application filed by the respondent by quashing the memorandum of charges on the ground that there has been inordinate delay in issuing the memorandum of charges for which no explanation was offered.

3. Shorn of details, the respondent herein was appointed to the post of Assistant Engineer with effect from 03.11.1995 at PWD Department and on the selfsame date he was sent to the Housing Department, Government of West Bengal on deputation and was posted as Assistant Director, Akra Subdivision under Akra Division of brick production holding additional charge of Akra Subdivision II. Thereafter, this respondent was transferred from his the then post to the post of Assistant Engineer, Plessey Subdivision by an order dated 24.11.1999. He got higher scale of pay under the West Bengal services ROPA Rules 1998 on 28.05.2007 an