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2006 Supreme(Cal) 784

DEBASISH KAR GUPTA
HIRENDRA NATH HALDER – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ACHIN MAJUMDER, Mahadeb Khan, Pradip Kumar Sen

( 1 ) THE petitioner files this application under Article 226 of the Constitution of India praying for setting aside the charge-sheet dated October 31, 2000, enquiry report dated September 7, 2002, the final order dated October 10, 2002 as also the order dated May 13, 2003 passed by the appellate authority.

( 2 ) THE fact of the case is this the petitioner was a constable of industrial Security Force. While he was posted at Farakka Barrage Project, farakka in the District of Murshidabad a charge-sheet dated October 31, 2000 was served upon him. The charges levelled against the petitioner on the basis of the above charge-sheet were that while he was on duty at mechanical stores at Farakka Barrage Project Workshops on September 5, 2000, a theft took place at his place of duty due to his gross negligence. The second charge was that he was habitual offender for which he had previously earned punishments on seven occasions. The petitioner submitted a representation dated February 11, 2002 to the Enquiry Officer for supply of certain documentary evidences. But the Enquiry Officer refused to supply him those records. Subsequently, the petitioner submitted a representation dated February
















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