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2017 Supreme(Cal) 603

DIPANKAR DATTA
Manendra Kumar – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Kashi Kanta Maitra, Senior Advocate, Mr. Arup Kumar Lahiri and Mr. Joydeep Roy, Advocates.
For the Respondents:Mr. Kaushik Chanda, Addl. Solicitor General, Mr. Swapan Kumar Nandi, Advocate.

JUDGMENT :

DIPANKAR DATTA, J.

1. The petitioner was a Sub-Inspector of the Central Reserve Police Force. An order compulsorily retiring the petitioner from service, following disciplinary proceedings initiated against him, is challenged in this writ petition.

2. The pleaded case reveals a chequered history. A preliminary enquiry was conducted which prima facie revealed the involvement of the petitioner in acts of commission/omission amounting to misconduct. A formal charge-sheet was issued vide memorandum dated May 21, 2007 by the Deputy Inspector General of Police, CRPF, Durgapur, respondent No. 4 (hereafter the disciplinary authority), containing five articles of charge. The articles of charge read as follows:

"Statement Of Articles Of Charges Framed Against No 911580146 SI(M) Maninder Kumar Of Office Of DIGP CRPF Durgapur (W/b)

Article - I

That the said No 911580146 SI(M) Maninder Kumar of office of DIGP CRPF Durgapur (W/B). While functioning as SI (Ministerial) and holding the charge of Establishment-II, attachment/temporary transfer etc) has committed a serious misconduct in his capacity as a member of the Force under section 11(1) of CRPF Act, 1949, in that he under a pre planned a






























































































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