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Judgment
The petitioner was appointed as the Assistant Manager (Law) of Kolkata Municipal Corporation in 2009. A disciplinary proceeding was initiated
against the petitioner and a charge-sheet was issued on May 2, 20217. The Enquiry Officer filed a report holding the petitioner guilty of the charges.
The disciplinary authority imposed a punishment of reduction to the initial stage in the time scale of pay of five years without earning increments for
those five years with cumulative effect. The petitioner preferred a statutory appeal. The order of the disciplinary authority was modified by the
appellate authority by reducing the stagnation from a period of five years, to a stagnation of three years. This writ petition has been filed challenging
the initiation of the disciplinary proceeding, the enquiry report and the order of the appellate authority.
Mr. Majumder, learned Advocate appearing for the petitioner submits that the order of the appellate authority be stayed as the petitioner who was due
for an upgradation would not be given the same unless the order impugned to this writ petition is stayed. He submits that any monetary loss that the
company may have suffered will be reimbursed by him in case he does not succeed in the writ petition, ultimately. The initial order of punishment of
the disciplinary authority has merged with the order of the appellate authority. Allowing a stay of the said order, would amount to allowing the writ
petition at the interim stage. If the petitioner ultimately succeeds in the writ petition then the upgradations and other losses that he may have suffered
in the interim period can always be restored to him by the Court. The allegations also do not warrant passing of an interim order unless the writ
petition is heard on affidavits.
Affidavit-in-opposition be filed within four weeks, affidavit-in-reply, if any, within two weeks thereafter.
Liberty to mention.