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Judgment
Raja Basu Chowdhury, J (Oral):
The Explanation in the form of affidavit by the Administrator, Murshidabad Municipality affirmed on 18th August, 2026 filed in Court today is taken on record.
The instant writ petition has been filed, inter alia, challenging the memorandum dated 18th May, 2026, issued by the Chairman of the municipality whereby a decision has been taken to initiate disciplinary proceedings against the petitioner.
Though the said memorandum identified the charges levelled against the petitioner since, the same does not contain list of witnesses and the list of documents relied on by the disciplinary authority, the instant writ petition has been filed.
The matter has a chequered history. Previously, challenging the order of suspension dated 26th December, 2024, passed by the Chairman, Murshidabad Municipality as also initiation of disciplinary proceedings by notice dated 27th November, 2025, issued by the Executive Officer, Murshidabad Municipality, a writ petition, being WPA 28832 of 2025 was filed. The said writ petition was disposed of by this Court by, inter alia, observing as follows:
“3.Having heard the learned advocates appearing for the respective parties and noting that in the instant case on 18th January, 2024 the Hon’ble Division Bench of this Court in a Public Interest Litigation, being WPA 13 of 2024 noting gross irregularities had been pleased to direct as follows:-
1.The petitioner is an elected member of Murshidabad Municipality and the allegation is that despite a decision taken by the municipality in its meeting held on 12.09.2023 to investigate and conduct an enquiry with regard to certain tenders, the same has not been conducted and the private respondents are in the process of compromising the issue. Considering the sensitivity of the matter and also taking note of the specific resolution passed by the municipality on 12.09.2023 the matter has to be enquired into and, therefore, we direct the second respondent, Director of Local Body, Government of West Bengal to appoint an officer, who shall immediately conduct an enquiry into the matter and thereafter proceed to take action in accordance with law.
2.The learned advocate for the private respondent submitted that the petitioner, being a councilor of the municipality cannot approach this Court by way of a public interest litigation. This submission is not tenable as the allegation is that unanimous decision taken by the municipality in the meeting of its councilors has not been implemented and there appears to be a camouflage attempt to shield certain illegalities and, thus, the writ petition is maintainable.
3.We have heard the learned Standing Counsel appearing for the Kolkata Municipal Corporation.
4.This writ petition is disposed of by directing the respondent no.3 to take note of the grievance of the petitioner and direct one of its officers to cause an inspection of the area and thereafter proceed in accordance with law. This direction be complied with within two weeks from the date of receipt of the server copy of this order”.
4.In furtherance, the Director of Local Bodies by an order dated 13th December, 2024, noting gross financial irregularities had directed the initiation of disciplinary proceeding. Since then, on the basis of the enquiry conducted, an FIR has been lodged on 3rd January, 2025. Mr. Jahan, apropos to the same would submit that a criminal proceeding is under investigation. Following the same in contemplation of the disciplinary proceeding to be initiated against the petitioner, the petitioner was placed under suspension by an order dated 26th December, 2024 as per provision of West Bengal Municipal Employees’ (Classification, Control, Appeal and Conduct) Rules 2010 (hereinafter referred to as the “said Rules’). I find that the appointing authority is competent to place the employee under suspension where a disciplinary proceeding or departmental enquiry against the employee is contemplated or is pending. Having regard thereto and noting from the language of the order of suspension which was issued following a show cause and non-satisfactory explanation provided by the petitioner, I am of the view that there is no scope to interfere with such order of suspension. It is well within the domain of the employer and the disciplinary authority to issue the order of suspension in contemplation of the disciplinary proceedings.
5.Insofar as the initiation of the disciplinary proceeding is concerned vide order dated 27th November, 2025, since, Mr. Jahan learned advocate representing the municipality would voluntarily submit that there are technical error in initiating the proceeding through the Executive Officer, as he is not the disciplinary authority, having regard to the provisions contained in Rule 6 of the said Rules, let the aforesaid order dated 27th November, 2025 be set aside with liberty to the municipality to initiate a fresh proceeding.
6.Insofar as payment of subsistence allowance is concerned, I am of the view that the petitioner cannot be denied the benefit thereof, having regard to the provisions of Rule 4(3) of the said Rules.
7.Accordingly, the municipality is directed to make payment of subsistence allowance.
8.Let such subsistence allowance (both current and arrear) be disbursed in favour of the petitioner as expeditiously as possible, preferably within a period of four weeks from the date of communication of this order.
9.With the above observations and directions, the writ petition is disposed of.”
It would appear from the above, since initiation of disciplinary proceedings vide order dated 27th November, 2025 was found to be in conflict with Rule 6 of the West Bengal Municipal Employees’ (Classification, Control, Appeal and Conduct) Rules 2010 (hereinafter referred to as the “said Rules”), the said notice was set aside with liberty to the municipality to initiate a fresh proceedings.
Pursuant to the aforesaid direction, the Chairman of the Municipality, being the disciplinary authority as per the said Rules has served the petitioner the memorandum dated 18th May, 2026, and had identified therein the following charges: -
1.You made illegal entry of LED Lights and fittings worth of Rs.6,32,80,396/- to the Stock Register of Murshidabad Municipality violating West Bengal Finance and Accounts Rules 1999.
2.You illegally used the seal of Store-in-Charge to loot the public money.
3.You are also involved in the financial scam along with the then Chairman, Murshidabad Municipality.
The petitioner is, however, aggrieved by the fact that the foresaid notice does not identify the list of witnesses, the list of documents and as such has approached this Court for a direction to quash the said proceedings.
I find, at this stage, Mr. Adhikary, learned advocate appearing for the municipality and the Administrator has placed before this Court a report prepared by the Administrator and would submit that since the Board has been dissolved and an Administrator has been appointed, some time is necessary to serve the petitioner with the copy of the relevant documents including the list of witnesses. Accordingly, it is submitted that leave may be granted to the Administrator to file a corrigendum to the memorandum dated 18th May, 2026.
Having heard the learned advocates appearing for the respective parties, I find that the memorandum dated 18th May, 2026 is defective. Such defect cannot be said to be incurable. What is wanting in the said memorandum is the list of witnesses and the list of documents relied on including the documents if any.
Having regard to the above, I grant leave to the Administrator to file a corrigendum/addendum to the aforesaid memorandum dated 18th May, 2026, within a period of seven working days from the date of receipt of the server copy of this order.
Once, the same is supplied to the petitioner, the petitioner shall be at liberty to respond to the same by way of statement of defence, following which the enquiry can continue in accordance with the procedure laid down in the said Rules by complying with the principles of natural justice. The petitioner shall, however, be entitled to subsistence allowance in accordance with the Rules.
Since, nothing survives in the present writ petition, the same is accordingly disposed of.
Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities.