1. Mr. Soumya Majumer, learned senior counsel appears
for the appellant.
2. Mr. Sanajit Kumar Ghosh, learned counsel appears for
the respondent/Union of India.
3. This intra-court appeal takes exception to an order
dated September 19, 2023 passed in WPA 20338 of
2023, whereby learned Single Judge has declined to
stay the charge-sheet/Dept. enquiry.
4. Briefly stated, the singular point raised by Mr.
Majumder, learned counsel for the appellant is based
on the language employed in the charge-sheet dated
July 9, 2023. By reading the charge-sheet, it was
canvassed that the charge is framed in such a manner
which shows that it is issued with a closed mind by
the competent authority. The averments of the charge-
sheet show that a conclusion about the guilt of the
appellant has already been drawn and the averments
are not in the shape of “allegations”. Thus, such a
charge-sheet is bad in law and runs contrary to the
judgment of Calcutta High Court reported in AIR 1956
Cal 662 (A.R.S. Choudhury vs. The Union of India
& Ors).