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2012 Supreme(Cal) 780

Nadira Patherya
Pijush Kanti Guha Thakurta – Appellant
Versus
West Bengal State Electricity Board – Respondent


Advocates:
Advocate Appeared:
Mr. Bhaskar Mitra and Debayan Bera for the licensing Company
Mr. Subrata Ghose for the Petitioner

JUDGMENT

By this writ-petition, the petitioner has challenged the Charge Sheet dated 1st January, 1988 and has also sought for cancellation of the de novo enquiry initiated in May, 1995 on the ground that it is barred by limitation.


2. The case of the petitioner is that he was appointed in 1982 as an Assistant Engineer in the licensing company on probationary basis. As a better offer was received by him from M/s Crompton Greaves Limited, he voluntarily left the services of the licensing company and in fact the licensing company released him which enabled him to take up job with Crompton Greaves Limited. In 1983 after about a year he left Crompton Greaves Limited and sought appointment afresh with the licensing company. Such appointment was granted on terms and conditions setout in the letter of appointment wherein it has been categorically stated that the appointment was a fresh appointment. While in service, after about 5 years in 1988, a Charge Sheet was issued wherein certain charges were disclosed and the petitioner was called upon to answer to such charges. A reply was also given and in 1995 a de novo enquiry was sought to be initiated. The said was challenged on the ground of d












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