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2026 DAILYLAW 36577 (CAL)

SUVOMOY BISWAS v. STATE OF WEST BENGAL AND ORS.

WPA/7073/2026 · 2026-08-27

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27/08 2026 AD/310/18 266312 NANDY (DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/7073/2026 SUVOMOY BISWAS VS THE STATE OF WEST BENGAL & ORS. Mr. Pradip Kumar Roy, Sr. Advocate Ms. Soumita Chakraborty, Advocate ……for the Petitioner Mr. D.N. Roy, learned Government Pleader Mr. Guddu Singh, Advocate Mr. Sourav Haldar, Advocate ……for the State 1. Affidavit of service and Supplementary Affidavit filed on behalf of the petitioner, be kept with the record. 2. The petitioner is aggrieved that two sets of disciplinary proceedings have been initiated against him, both whereof are being continued by violating the statutory provisions and also in violation of the principles of natural justice. 3. The disciplinary proceedings, which have been challenged in WPA/7073/2026, were initiated sometime in 2022. 4. The proceedings are still pending and the petitioner is aggrieved that the proceedings have progressed in his absence. The petitioner is further aggrieved that he has not been given the requisite documents on the basis whereof the proceedings have been initiated nor given an opportunity to participate in the proceedings and cross-examine the witnesses of the of the authority. 5. The proceedings have been pending for a rather long period of time from 2022. P a g e | 2 Furthermore, the petitioner's suspension, made in 2022, is also continuing for the time being. 6. The review committee, which ought to have convened and considered the continuation of the suspension, lastly met sometime in 2024. 7. The authorities are directed to give all documents on which reliance has been placed by them and to allow the petitioner to cross- examine all witnesses, including the witnesses who have already deposed in examination-in- chief. 8. The examination of the witnesses to be done by the authorities must be in the presence of the petitioner. 9. The authorities will constitute a review committee and decide on the issue of the petitioner's suspension positively by 30.09.2026. 10. If the suspension of the petitioner is continued, the enhancement of his subsistence allowance shall be considered. 11. If the review committee decides not to continue with the suspension of the petitioner, he will be reinstated in his service, subject to the outcome of the disciplinary proceedings. 12. The review committee will also consider whether the petitioner can be reinstated in service in a transferred post, since he has been under suspension since 2022. 13. The entire disciplinary proceeding shall be concluded by 31.12.2026, upon compliance with all formalities and in accordance with the provisions of law. P a g e | 3 14. With the afore-stated directions, the writ- petition is disposed of. No order as to costs. 15. All parties to act on a server copy of this order duly downloaded from the website of this Court. (Reetobroto Kumar Mitra, J.)