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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, PRASENJIT BISWAS
Gitesh Das Mahapatra – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Madhuresh Prasad, J.
1. The writ petitioner was the applicant before the West Bengal Administrative Tribunal (for short ‘Tribunal’) in O.A. No. 307 of 2023 seeking the relief of quashing of the charge memo dated 22.04.2022. The petitioner also sought consequential relief. The Tribunal dismissed the original application by an order dated 15.05.2025 which was put to challenge by the writ petitioner in the present writ proceeding.
2. Heard the learned advocate for the parties.
3. The writ petitioner herein was proceeded against by way of a departmental proceeding in accordance with the provisions contained in West Bengal Services (Classification, Control and Appeal) Rules, 1971 [hereinafter referred to as ‘the 1971 Rules’]. A charge memo dated 08.08.2014 was served on the writ petitioner. The writ petitioner filed an application before the Tribunal. The O.A. No. 282 of 2017 thus came to be instituted. The authorities realized that a draft article of charge was enclosed with the charge memo dated 08.08.2014. Therefore, the Disciplinary Authority issued proper article of charges by a fresh charge memo dated 07.09.2015.
4. The first Original Application was thereafter taken up by t
The withdrawal of a charge memo does not necessarily nullify the proceedings, and pendency of disciplinary proceedings can be a valid reason for denying promotion.
The error of law in discharge of quasi-judicial function can be subject to disciplinary proceedings.
Vagueness of charge memo, delay in initiation of disciplinary proceedings, impermissibility of piecemeal enquiry
The Court held that service of a charge memo, under applicable rules, must follow prescribed methods, and evading such protocols does not invalidate disciplinary proceedings against a public servant.
Judicial review of disciplinary charge memos is limited; premature quashing is improper if charges are supported by evidence, requiring internal resolutions first.
Charge memo in disciplinary proceedings must be approved by the disciplinary authority; lack thereof renders entire proceedings vitiated ab initio, warranting quashing without remand in peculiar circ....
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