An order revoked by an authority lacking jurisdiction is void ab initio, and promotion may be withheld during the pendency of an appeal and disciplinary proceedings.

JUDGMENT :

Partha Sarathi Chatterjee, J.

Preface:

1. The present writ petition has been filed challenging the justifiability of the resolution adopted at the 362nd meeting of the Board of Directors, under Agenda No. 5-362, whereby decision was taken for re-hearing of the statutory appeal preferred by the petitioner against the penalty imposed by the Disciplinary Authority. The petitioner also assails the legality of the decision of the Selection Committee taken in its meeting dated 24.08.2022, by which consideration of the petitioner’s promotion was deferred. In addition thereto, the petitioner seeks issuance of a writ of certiorari for quashing and/or setting aside the aforesaid decisions. The petitioner further prays for issuance of a writ of mandamus directing the concerned respondents to promote the petitioner from the post of Assistant Manager-II to the post of Assistant Manager-I with effect from30.08.2022.

Petitioner’s case:

2. Before delving into the contours of the controversies involved in the present writ petition, it would be apposite to briefly advert to the facts, as projected in the writ petition and the documents annexed thereto, leading to its presentation.

3. The petitioner commenced his service career as an Assistant with the West Bengal Small Industries Development Corporation Ltd. (for short, Corporation), a Government of West Bengal undertaking functioning under the Department of Micro, Small and Medium Enterprises and Textiles, Government of West Bengal. Subsequently, he was promoted to the post of Senior Assistant and thereafter to the post of Assistant Manager-II on 16 April 2014, pursuant to a departmental promotion process conducted in accordance with the applicable staff regulations.

4. During his service tenure spanning over 22 years, the petitioner performed his duties diligently and efficiently without any blemish, and no complaint, adverse remark, or disciplinary proceeding had ever been initiated against him prior to2017.

5. On 20 June 2017, a contractual employee of the Corporation, namely Ms.Bandana Saha, working as an Information and System Analyst, lodged a complaint containing vague and unsubstantiated allegations against the petitioner. On the basis of the said complaint, an Enquiry Committee was constituted on 27 June 2017.

6. A show-cause notice, vide Memo No. SB-1/1034/1 dated 22.08.2017, was issued by the Executive Director-II, calling upon the petitioner to submit his response within seven days from the date of issuance thereof. The petitioner duly submitted his reply to the said show-cause notice.

7. However, without making any observation as to whether the reply to the show-cause notice was satisfactory, a charge-sheet containing two articles of charge was issued to the petitioner, vide Memo No. SB-I/1421/2 dated 1 November, 2017. The charge-sheet alleged that the petitioner had threatened Smt. Bandana Saha and had used abusive language towards other staff members as well as higher officials of the Corporation, including the Chairman, over the mobile phone of Smt. Bandana Saha (No. 9883887450) from his own mobile phone (No. 9836436276). Such conduct was treated as misconduct, being violative of Rules 30, 42 and 45 of the West Bengal Small Industries Development Corporation Limited (Staff Regulations) (for short, “Staff Regulations”). The petitioner was directed to submit his written statem