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2001 Supreme(Cal) 125

AMITAVA LALA
Nag Narayan Singh – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
Mr. Achin Kumar Majumdar for the Petitioner
None appears for the Opposite Parties

JUDGMENT

1. This writ petition is made in effect for the purpose of quashing the charge-sheet and enquiry proceeding as against him on the three grounds.

2. Firstly, Mr. Majumdar, learned Counsel appearing on behalf of the petitioner, contended before this Court that the charge-sheet as given to the petitioner bears its stigma which cannot be treated as an appropriate charge-sheet. I find from the original of charges which is as follows ;-

"Const.8335 N.N. Singh of RIG by his above acts exhibited lack of integrity and conduct unbecoming of a Government Servant and thereby, violated Rule 3 (i), (ii) and (iii) of Railway Service Conduct Rules, 1966."

"Thus, by his above act, he exhibited lack of integrity and conduct unbecoming of a Government Servant and thereby violated Rule 3(i), (ii) and (iii) of Railway Service Conduct Rules, 1966."

3. The case of the petitioner is supported by two judgments. One is Division Bench of this Court reported in (1) 1980(2) CRN 35, Bimala Kanta Mukherjee v. State of West Bengal and another is (2) 1984 (2) CHN 185, Bharat Process & Mechanical Engineers & Ors. In both the cases, it was held that prejudging the issue at the stage of framing charges cannot b









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