Authority: High Court at Calcutta (Constitutional Writ Jurisdiction – Appellate Side)
Order Date: 27 July 2026
Case Overview
- Petitioner: Prabir Kumar Saha, Administrative‑cum‑Accounts Officer, West Bengal State Agricultural Marketing Board (WBSAMB).
- Respondents: State of West Bengal and other officials; Respondent Nos. 2 & 3 include Shri Manish Jain, IAS, Additional Chief Secretary, Forest Department (appellate authority).
- The petitioner was suspended on 09 March 2013 on multiple charges, including non‑completion of accounts, and was terminated on 09 March 2026 after a second show‑cause notice dated 16 February 2026.
- The petitioner contended that he was not given a fair opportunity to present evidence, that the termination order was based on an unsatisfactory reply that was not considered, and that the appellate authority had participated in the 146th Board Meeting on 13 March 2026, creating a conflict of interest.
- The Court noted that the termination order lacked a clear finding on the charge of incomplete accounts and that the procedural deficiencies rendered the order unsustainable.
Final Outcome
- The writ petition is disposed of with no order as to costs.
- The petitioner is permitted to file an appeal before the Additional Chief Secretary (Forest Department), who must dispose of the appeal by 31 January 2027.
- The petitioner may make an interim prayer for disbursal of his subsistence allowance.
Topics: Employment Law, Administrative Procedure