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2024 Supreme(SC) 616

J. K. MAHESHWARI, SANJAY KAROL
Union of India – Appellant
Versus
Prohlad Guha – Respondent


JUDGMENT :

SANJAY KAROL, J.

CIVIL APPEAL NOS. 4434-4437 OF 2014:

1. The extant appeals filed by the Union of India1 [Appellant-Employer] take exception to a common judgment and order dated 2nd August 20122 [Impugned Judgment] passed in WPCT Nos. 207, 213, 214, and 215 of 2012, by the High Court of Calcutta whereby the common order passed in Original Application Nos. 794, 797, 795, and 796 of 2008, respectively, passed by the Central Administrative Tribunal, Calcutta Bench, was reversed and relief claimed by the respondents were allowed.

2. A brief review of facts giving rise to the present appeals, is necessary.

2.1 Respondent-employees were appointed on compassionate ground with the Engineering Department, Howrah Division, Eastern Railway. The disciplinary authority placed the respondents under suspension due to contemplation/pendency of departmental enquiry.3 [Suspension order dated 29th August 2005 in respect of Sri Biswanath Biswas]

2.2 On issuing show cause notice4 [Show Cause notice dated 11th November, 2005 in respect of Sri Biswanath Biswas] information was sought as to why their appointments on compassionate ground should not be terminated as it was based on forged and fabrica

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