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2001 Supreme(Cal) 260

GANGULY, PRANAB KUMAR CHATTOPADHYAY
EASTERN COALFIELDS LTD. – Appellant
Versus
KHOGEN BOURI – Respondent


Advocates Appeared:
ALOKE BANERJI, BIJOY KUMAR JAIN, NIKHIL ROY, PARTHO BASU, Subrato Ganguly

GANGULY, PRANAB KUMAR CHATTOPADHYAY

( 1 ) HEARD the learned counsel for the parties. This appeal is directed against a judgment and order dated December 9, 1999 passed by a learned single Judge of this Court whereby the learned single Judge was pleased to hold that a departmental proceeding which was held against the petitioner for dismissal from service by an order dated May 24, 1996 are unsustainable and the entire disciplinary proceedings including the final order of dismissal were quashed. There was also an order directing the respondents to forthwith reinstate the petitioner in service along with his arrears of salary and other benefits. Against the said judgment there was an order of stay by the Appeal Court as a result of which the writ petitioner/respondent was not reinstated by the appellants herein.

( 2 ) PURSUANT to our order previously passed in this Appeal the original records relating to the departmental proceeding viz. dismissal order, the enquiry proceeding and the charge-sheet were placed before us. We have looked into all those records. We find that only charge against the petitioner was of absenting from duties with effect from December 12, 1995 allegedly withou




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