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2024 Supreme(Cal) 1009

DEBANGSU BASAK, MD. SHABBAR RASHIDI
West Bengal Agro Industries Corporation Limited – Appellant
Versus
Avishek Sarkar – Respondent


Advocates Appeared:
For the Appellants : Mr. Jaydip Kar, Sr. Adv., Mr. Soumya Majumder, Ms. Sarmila Das.
For the Respondent: Mr. Indranil Chakraborty, Mr. Apurba Ghosh, Ms. Esha Banerjee, Mr. Vaskar Pal.

JUDGMENT :

Debangsu Basak, J.

1. Appellants have assailed the judgement and order dated July 30, 2023 passed by the learned Single Judge in WPO 487 of 2021.

2. By the impugned judgement and order, learned Single Judge has held that the disciplinary proceeding as against the private respondent herein was contemplated and concluded in a preconceived mind, in derogation of the service rules and in violation of the principles of natural justice. Consequently, the learned Single Judge has set aside the charge-sheet, enquiry report, order of punishment and directed reinstatement of the private respondent with all consequential benefits including back wages.

3. Learned Senior Advocate appearing for the appellants has referred to the events occurring prior to the issuance of the charge-sheet as also events subsequent thereto. He has contended that, the private respondent was appointed as assistant engineer. He had joined the Purshurah office of the appellant No. 1 on September 1, 2024 and became the first officer of such office on February 18, 2015. Private respondent had asked for permission from Project Manager to collect booking for agricultural instruments at the rate of Rs.500/- from inte

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