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2011 Supreme(Cal) 600

DIPANKAR DATTA
Mahendra Narayan Ghosh – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant:Mr. Arunava Ghosh, Mr. Soumya Majumder, Mr. S.N. Ghosh, Mr. Debabrata Mondal, Advocates.
For the Respondent:Mr. Samaraditya Pal, Sr. Advocate, Mr. Kalimuddin Mondal, Advocate.

Judgment :

1. The petitioner, at the material time, was holding the post of Chief Legal Manager in Coal India Limited (hereafter CIL) in M-II grade. By a notice dated February 1, 2008, the Chief General Manager (Personnel) of CIL informed the petitioner that on attaining the age of 60 years on July 5, 2008, he shall retire on superannuation from the services of CIL ‘with effect from the afternoon of 31.07.2008. The said notice was received by the petitioner on February 15, 2008.

2. Thereafter, the Chief Vigilance Officer of CIL, respondent no.6, received a complaint dated June 17, 2008 wherein it was alleged that the petitioner did not have proper qualification required for the post of Chief Legal Manager in M-II grade. On receipt thereof, the Vigilance Division of CIL investigated the matter. Investigation revealed that the petitioner did not possess requisite qualification i.e. bachelor’s degree in law at the time he entered service as Law Officer on April 5, 1974 under the erstwhile National Coal Development Corporation Ltd. (NCDC)/Coal Mines Authority Ltd. (CMAL). It was also revealed that after appointment and even during his tenure of service in CIL, the petitioner did not acq


























































































































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