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2009 Supreme(Cal) 592

ASHIM KUMAR BANERJEE, KALIDAS MUKHERJEE
Commandant, Central Industrial Security Force – Appellant
Versus
R. S. Singh – Respondent


Advocates Appeared:
For the Appearing Parties:Uttam Kumar Majumder, Sujoy Bandyopadhyay, Prasenjit Saha, R.N. Das, D.P. Dutta, Souvik Sen, Advocates.

Judgment :-

(1) The respondent/writ petitioner was a CISF Constable. He fixed his daughters marriage on April 13, 1988. He did not have much leave to his credit. He prayed for twenty days half-pay leave and twenty-five days earned leave with effect from April 4, 1988. He also applied for loan of Rs. 4,000/-from his Provident Fund Account. The loan was not sanctioned, so as the leave as asked for. He was granted only fifteen days earned leave as he did not have any further leave to his credit. He immediately proceeded to his native place for his daughters marriage. He tried his level best for the financial resource; he could not do it within the scheduled date. He had to defer his daughters marriage and ultimately, his daughter was married, but by that time he had already overstayed. When he came back, he was served with a charge- sheet. It further transpires that he was subsequently granted loan of Rs. 2,000/-. The appellant however, contends that he withdrew his application for loan and as such it was not correct to say that his loan was not sanctioned. He was put under suspension. He was proceeded in an enquiry proceeding and ultimately he suffered the order of removal from servic



















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