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2015 Supreme(Cal) 20

TAPABRATA CHAKRABORTY
Nikhil Chandra Roy – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioner:Ashim Kumar Ganguly, Advocate.
For the Respondents:R2, N.K. Mehta, Soumya Majumder, Advocates

JUDGMENT:-

Tapabrata Chakraborty, J.

This writ application has been preferred challenging the entire disciplinary proceeding including the charge-sheet dated 28th January, 2006, the Enquiry Report dated 8th September, 2006, the order of punishment dated 29th March, 2007 and the order of Appellate Authority dated 3rd January, 2008.

A brief review of the relevant facts would suffice. Upon completion of 15 years of unblemished service in Indian Army, the petitioner retired and thereafter he was appointed to the post of Security Guard in the Kolkata Terminals, Budge Budge-II of Hindustan Petroleum Corporation Ltd. (hereinafter referred to as HPCL). In the midst of such service, a show-cause notice dated 26th April, 2005 was issued to the petitioner seeking explanation of an alleged unauthorised absence from duty after a period of 15 days. The petitioner replied to the said show-cause notice and almost 10 months thereafter, the petitioner was issued a charge-sheet dated 28th January, 2006 alleging unauthorised absenteeism of 291 days from January, 2003 to December, 2005 and asking the petitioner to file a written explanation. The petitioner replied to the same by a representation which w

































































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