01. 31.07.2025 Court No.08.

(Pritam)

MAT 1923 of 2023.

Samaresh Das.

-Vs.-

Union of India & Ors.

Mr. Soumya Majumder, Sr. Adv., Mr. Tapan Kr. Mahapatra.

…..for the appellant.

Mr. Sanajit Kumar Ghosh, Mr. K.P. Chatterjee.

....for the respondents/UoI.

1. Mr. Soumya Majumer, learned senior counsel appears for the appellant.

2. Mr. Sanajit Kumar Ghosh, learned counsel appears for the respondent/Union of India.

3. This intra-court appeal takes exception to an order dated September 19, 2023 passed in WPA 20338 of 2023, whereby learned Single Judge has declined to stay the charge-sheet/Dept. enquiry.

4. Briefly stated, the singular point raised by Mr.

Majumder, learned counsel for the appellant is based on the language employed in the charge-sheet dated July 9, 2023. By reading the charge-sheet, it was canvassed that the charge is framed in such a manner which shows that it is issued with a closed mind by the competent authority. The averments of the charge- sheet show that a conclusion about the guilt of the appellant has already been drawn and the averments are not in the shape of “allegations”. Thus, such a charge-sheet is bad in law and runs contrary to the judgment of Calcutta High Court reported