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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, PRASENJIT BISWAS
Shibdas Chatterjee – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
MADHURESH PRASAD, J.
Re: CAN 2 of 2025 (Application for Restoration)
1. It is stated that the list could not marked on the fateful day, therefore, there occurred a default in appearance. The application further discloses that thereafter the learned advocate suffered from a knee injury and was confined. He, therefore, could not appear in court up to the year 2024. Only when he was capable of attending to his professional duties, he became aware of dismissal of the appeal and has, thus, filed the application for restoration.
2. We find sufficient cause made out for restoration of appeal. The application for restoration is allowed.
3. We, have determination to take up the present matters arising out of Tribunals under Article 323A & 323B of the Constitution of India, and thus invited the parties to make submissions on the merits of the matter and have heard the submissions of the rival parties.
Re: CAN 1 of 2025 (application for condonation)
4. Disposed of accordingly.
Re: W.P.S.T. 168 OF 2015
5. The petitioner was the applicant before the West Bengal Administrative Tribunal (in short ‘Tribunal’) in O.A. No.857 of 2003. He assailed the charge memo and entire proceedings conducted pu
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
The court established that the standard of proof in departmental proceedings is 'preponderance of probability', allowing for disciplinary action even if a related criminal charge is not proven beyond....
The main legal point established in the judgment is the need for the disciplinary authority to follow the principles of natural justice and impose proportionate punishment, considering the discretion....
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