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2023 Supreme(Cal) 959

DEBANGSU BASAK, MD. SHABBAR RASHIDI
State of West Bengal – Appellant
Versus
Abhijit Acharya Bhaduri – Respondent


Advocates:
Advocate Appeared:
Mr. D.N. Ray, Mr. Sankha Ghosh, Mr. M.N. Ray, Mr. Biswarup Nandy, Mr. S. Halder

JUDGMENT :

DEBANGSU BASAK, J.

1. An order dated September 12, 2022 passed by the West Bengal Administrative Tribunal is under challenge in the present writ petition.

2. The writ petition was filed at the behest of the State through a learned Advocate. Such learned Advocate appears in Court and submits that, he is not longer in the panel.

3. The private respondent is represented.

4. Learned Advocate appearing for the private respondent submits that, there is no illegality in the impugned order of the Tribunal warranting an interference under Article 226 of the Constitution of India. He submits that, a final order of dismissal of the private respondent was set aside by the learned Tribunal on the ground that, the disciplinary authority did not publish the final order within the time-period specified by the earlier order of the learned Tribunal. He draws the attention of the Court to the earlier order of the Tribunal dated August 5, 2021 passed in OA-494 of 2021. He submits that, such order in the earlier original application being OA-494 of 2021 was passed by consent of the parties. In support of such contention, he relies upon a portion of such order. He submits that, since the order was

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