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2010 Supreme(Cal) 1090

S.K.MUKHERJEE, DIPANKAR DATTA
Balbir Singh – Appellant
Versus
UNION OF INDIA – Respondent


Advocates appeared:
Bikash Ranjan Bhattacharyya, Gopala Binnu Kumar, Mohammed Tabraiz

JUDGMENT

Dipankar Datta, J.

1. THIS is an application under Article 226 of the Constitution of India (hereafter writ petition) challenging the judgment and order dated February 10, 2010 passed by the Central Administrative Tribunal (hereafter the Tribunal) in O.A. No. 118/AN/2009.

2. THE petitioner was an Executive Engineer in the Store Division of the Andaman Public Works Department (hereafter APWD).

In the months of July, 2002 and October, 2002, two cases were initiated against the petitioner. In substance, it was alleged that the petitioner, while serving as an Executive Engineer, amassed assets disproportionate to his known source of income. The Central Bureau of Investigation (hereafter the CBI) was entrusted to investigate into the charges under the Prevention of Corruption Act.

3. ON completion of investigation, the Superintendent of Police, Anti-corruption Branch, CBI, Kolkata, forwarded a final report. It was stated by the investigating agency that the purchase orders issued by the petitioner to a private firm for supply of materials to APWD were issued at the approved rate of Government of India. Therefore, no wrongful loss was caused to the government and the petitioner a





































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