Single judge dismissed the review petition filed by Nabendu Sengupta challenging an order that left disciplinary questions unanswered. The court held no error appeared on the face of the record, noting the petitioner was directed to file a fresh petition against the subsequent dismissal order, which the petitioner failed to do.
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13.03.2024 Item Nos.2 & 3 Ct. No. 7 KS
R.V.W. 233 of 2023 With IA No. CAN 1 of 2023 Nabendu Sengupta Versus National Jute Board & Ors. With W.P.A.534 of 2021 Nabendu Sengupta Versus National Jute Board & Ors.
Mr. Soumya Majumder Mr. Victor Chatterjee
…..For the Review Petitioner Mr. Rahul Karmakar Mr. Surya Prasad Chattopadhyay
…..For the Respondent Nos.1 & 2
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National Jute Board Employees, the disciplinary proceedings initiated against the petitioner can be continued beyond his superannuation and as to whether the employer could withhold its share of contribution of the provident fund.
by the said order, it was observed that the disciplinary proceedings as also the claim for provident fund, gratuity and leave encashment made by the writ petitioner shall abide by the final result of the writ application.
Chairman-cum-Managing Director, Coal India
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Limited Vs. Ananta Saha & Ors. reported at (2011) 5 SCC 142 .
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of 2021 praying for setting aside the order of dismissal passed by the disciplinary authority on 30th June, 2021. When the said application being, CAN 1 of 2021 was taken up for hearing by a Co-ordinate Bench on 16th February, 2022, it was specifically contended by Mr. Majumder that since specific point has been urged in the writ petition that the disciplinary authority cannot continue with the proceedings against the applicant after his superannuation and the order of dismissal is the outcome of such disciplinary proceedings, the said order of dismissal dated 30th June, 2021 can very well be questioned by filing the said application being, CAN 1 of 2021.
“This Court has considered the submissions made by the learned advocates representing the parties to this application and is of the view that during pendency of the writ petition the disciplinary proceedings which was being continued at the time of superannuation of the applicant has been concluded by passing an order of dismissal dated 30th June, 2021. Therefore, if today the writ petition is heard finally the Court is to restrict itself to the extent of continuation of disciplinary proceedings after superannuation of the petitioner but fact remains the final order of dismissal dated 30th June, 2021 remains unchallenged in the writ petition. Therefore, according to the appreciation
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of the facts of the present case as well as in view of the dismissal order dated 30th June, 2021 being issued by the disciplinary authority appropriate course is to file a fresh writ petition questioning the order of dismissal.”
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Review and the connected application stand dismissed.
(HIRANMAY BHATTACHARYYA, J.)
3 issues framed by the court
Whether the High Court can exercise its review powers to correct errors apparent on the face of the record regarding unanswered issues framed in a prior order.
Whether the petitioner can challenge the order of dismissal by relying on a review application in the writ petition once the matter was deemed rejected.
Whether the *Ananta Saha* principle applies where the initial action is challenged but subsequent proceedings have culminated in a dismissal order left unchallenged in the writ petition.
Colour shows how this judgement treated each authority
Chairman-cum-Managing Director, Coal India Limited Vs. Ananta Saha & Ors.Referred¶17
(2011) 5 SCC 142 · Who else cites this
Nabendu Sengupta
National Jute Board
HIRANMAY BHATTACHARYYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
