Calcutta High Court (Appellete Side)
Biswajit Konar vs Katwa Municipality & Ors on 24 August, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
z 1
24. 24.08. W.P. 13912 (W) of 2018
Sd3 2018
Biswajit Konar.
Versus
Katwa Municipality & Ors.
Mr. Arunabha Ghosh
Mr. Milan Nandy
...for the petitioner.
Mr. Tapas Bhattacharyya
...for the Municipality.
Mr. Manas Kr. Kundu
Mr. Bebasis Dey
...for the State
The challenge in the writ petition is directed towards a show-cause notice and an order of suspension.
The learned advocate appearing for the petitioner submits that, the order of suspension proceeds on the basis that a departmental proceeding was pending at the time of issuance of the suspension notice. He submits that, the petitioner has received the charge-sheet subsequent to the filing of the writ petition, therefore, on the face of it, the impugned suspension order is bad.
Learned advocate for the municipality submits that, the petitioner was afforded an opportunity of hearing by issuance of a show-cause notice. The petitioner chose not to appear thereat. There are serious charges against the petitioner. A departmental proceeding has since been initiated by issuance of a charge-sheet dated August 17, 2018.
The State is represented.
Having considered the rival contentions of the parties, since the charge-sheet is dated August 17, 2018, the authorities will treat the petitioner as suspended with effect from August 17, 2018. It will pay all allowances z 2 and emoluments to the petitioner by treating the petitioner as suspended with effect from August 17, 2018. The parties are at liberty to proceed with the departmental proceedings in accordance with law.
W.P. No.13912 (W) of 2018 is disposed of. No order as to costs.
Urgent certified Website copy of this order, if applied, be supplied to the parties, upon compliance of all requisite formalities.
(Debangsu Basak, J.)