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2008 Supreme(Cal) 919

DEBASISH KAR GUPTA
Om Prakash Yadav – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appearing Parties:Achin Majumder, Krishnadeo Das, Bidisha Banerji, Advocates.

JUDGMENT:-

(1.) The petitioner files this writ application challenging the charge-sheet dated April 30, 1998, report of the enquiry officer dated December 21, 1999 and the second show-cause notice dated August 2, 2002.

(2.) The petitioner was an Inspector of the Railway Protection Force, Eastern Railway. While the petitioner was posted as an Inspector at Railway Protection Force, Post-Maldah Town, he was served with a charge-sheet dated April 30,1998. The charges levelled against him in the above charge-sheet were lack of supervision and negligence of duty resulting in theft of 445 bags of sugar. In the above charge-sheet dated April 30,1998, the name of the enquiry officer was disclosed fixing the first date of enquiry. In reply, the petitioner submitted his list of defence dated November 30, 1999. During the pendency of the enquiry proceeding the petitioner was transferred by an order of inter divisional transfer dated March 23, 1999. A representation was submitted to the respondent authorities with a prayer for withdrawal of the order of transfer. But the same was not considered by the respondent authorities and the petitioner had to accept his transferred assignment. The petitio
















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