Authority: Supreme Court of India

Order Date: 16-10-2026

Case Overview

  • Petition for Special Leave to Appeal (C) No. 28496/2025 filed by MD. Sohel Hassan against Mukul Nandi & Ors., arising from the impugned final judgment and order dated 04-09-2025 in FMA No. 241/2025 of the High Court at Calcutta.
  • The High Court had directed initiation of criminal prosecution against the petitioner in 17 cases and also indicated that the West Bengal State Electricity Distribution Company Limited (WBSEDCL) should initiate disciplinary proceedings.
  • Petitioners sought condonation of delay in filing (IA No. 153839/2026) and permission to file additional documents/facts/annexures (IA No. 255994/2025).
  • The matter was called for hearing on 16-10-2026 before a bench of Hon'ble Mr. Justice Sanjay Kumar and Hon'ble Mr. Justice Sanjeev Sachdeva.

Order Details

  • The Court held that the issue concerning the High Court’s direction to initiate criminal prosecution in the 17 cases must be heard, but the disciplinary proceedings sought by WBSEDCL are independent of the learned Judge’s observations.
  • Consequently, the employer (WBSEDCL) cannot be interdicted from taking steps to initiate disciplinary proceedings against the petitioner in accordance with the relevant regulations.
  • The stay order dated 14.10.2025, previously granted by this Court, is vacated with respect to disciplinary action and shall continue to operate only in the context of initiation of criminal proceedings.
  • Disciplinary authorities are directed not to be influenced by any observations made by the learned Judge or the Division Bench and may rely on material collected pursuant to the orders.
  • The matter is re‑listed for hearing on 26.02.2027, with the understanding that it will be taken up after completion of the hearing in all other matters.

Final Outcome

  • Stay order of 14‑Oct‑2025 is vacated for disciplinary proceedings; stay remains effective for criminal prosecution.
  • WBSEDCL is free to proceed with disciplinary action against MD. Sohel Hassan.
  • The case is scheduled for further hearing on 26‑Feb‑2027.

Topics: Legal Proceedings, Disciplinary Action, Criminal Prosecution