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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, PRASENJIT BISWAS
State of West Bengal – Appellant
Versus
Biswanath Das – Respondent
JUDGMENT :
MADHURESH PRASAD, J.
In Re: W.P.S.T. 122 of 2023
1. An order dated 06.09.2022 passed by the West Bengal Administrative Tribunal (‘Tribunal’ for short) in M.A. No. 98 of 2022 whereby and whereunder the prayer for extension of time, granted earlier by the Tribunal vide order dated 22.12.2020 passed in O.A. No. 406 of 2020 for concluding the Departmental Proceeding was rejected is the subject matter of WPST 118 of 2023.
2. WPST 122 of 2023 was filed challenging an order dated 18.05.2023 passed by the Tribunal in O.A No. 53 of 2023, directing for release/payment of admissible full pensionary benefits to the applicant since the punishment order dated 16.01.2024, passed after rejection of the prayer for extension of time, was held vitiated and could not be made the basis of depriving the petitioner of his pensionary benefits.
3. Heard the learned AGP on behalf of the State (writ petitioners), and the learned advocate representing the respondent.
4. By an order dated 22.12.2020 passed in O.A. 406 of 2020, the Tribunal directed for conclusion of the Disciplinary proceedings within six months. Miscellaneous Application (M.A. 98 of 2022) was filed on 24.08.2022 seeking extension of time
The tribunal exceeded its jurisdiction by failing to address the limitation issue regarding the challenge to the punishment order, as over eight years had elapsed since its issuance, affirming that p....
Review applications are confined to correcting self-evident errors, and extensions for compliance must be justified to prevent unnecessary delays in disciplinary proceedings.
The main legal point established in the judgment is that the application for leave to pass final order in the disciplinary proceedings against the petitioner was filed in a sheer illegal, arbitrary, ....
The court affirmed that personal circumstances cannot justify excessive delays beyond statutory limitation under the Administrative Tribunals Act.
The interpretation of 'sufficient cause' in the context of delay condonation applications should be liberal, focusing on the reasons for the delay rather than the duration alone, provided there is no....
Inordinate delay in disciplinary proceedings against a retired employee undermines the principles of natural justice and warrants quashing the penalty imposed.
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