TAPEN SEN, SIDDHARTHA CHATTOPADHYAY
Tara Singh – Appellant
Versus
Union of India – Respondent
SIDDHARTHA CHATTOPADHYAY, J.
1. This appeal is directed against the judgment passed by a learned Single Judge of this Court in connection with Writ Petition No. 5130 (W) of 2004 wherein and whereunder the Learned Trial Judge held that the punishment imposed against the appellant by the authority concerned does not call for any interference.
2. Feeling aggrieved and dissatisfied with the said finding of the Learned Trial Judge, the appellant came before us and ventilated his grievances that the Learned Trial Judge misconstrued the provisions of law and failed to appreciate the evidence taken by the Enquiring Authority and the punishment imposed by the disciplinary authority in its proper perspective. He also categorically submitted at the time of hearing that the Learned Trial Judge did not apply his mind nor had gone through the evidence recorded by the Enquiring Authority so far as seized articles are concerned.
3. In the interest of effective adjudication, factual aspect needs to be restated. Filtering out unnecessary details, fact of the case in a capsulated form is such that the appellant herein was a constable of C.I.S.F. and while he was leaving his place of duty dur
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