Calcutta High Court (Appellete Side)
Gulam Sarwar vs Union Of India & Ors on 8 July, 2011
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
08.07.2011.
W.P. No. 10997 (W) of 2011
Gulam Sarwar
Versus
Union of India & Ors.
Mr. Achin Kumar Majumder.
...For the Petitioner.
Mr. Malay Kumar Das.
...For the Respondents.
The subject matter of challenge of this writ application is a charge sheet dated August 28, 2010. On the basis of the above charge sheet although no enquiry officer was appointed but at the same time the petitioner was asked to submit the list of records before the enquiry officer within 10 days for inspection of those records.
Let affidavit‐in‐opposition be filed within four weeks, reply, if any thereto be filed one week thereafter.
Let this matter appear before appropriate Bench after six weeks.
Upon prima facie consideration of the fact of appointing enquiry officer in the disciplinary proceeding under reference without giving an opportunity to the petitioner to submit his reply to the charge sheet, I find that the balance of convenience and/or inconvenience is in favour of passing an interim order. The respondents are restrained 2 from proceeding further on the basis of the charge sheet until further orders.
Liberty is given to file application praying for vacating, variation and/or modification of the above interim order.
Urgent certified photostat copy of this order be given to the parties, if applied for, subject to compliance with all necessary formalities.
srm ( Debasish Kar Gupta, J. )