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2018 Supreme(Cal) 43

I.P.MUKERJI, MD.MUMTAZ KHAN
Board of Trustee for the Port of Calcutta – Appellant
Versus
Samir Patra – Respondent


Advocates Appeared:
For the Appellant : Mr. Arunava Ghosh, Ms. Sujata Mukherjee
For the Respondent: Swapan Kumar Dutta, Dipankar Dasgupta

JUDGMENT :

I.P. MUKERJI, J.

The appellants are aggrieved by the judgment and order dated 5th December, 2012 passed by Mr. Justice Ashok Kumar Dasadhikari.

2. The proceeding before the learned Judge arose in the following way.

3. On 5th June, 1987 an order of suspension was passed by the appellant authority against the respondent on the charge of dishonesty and financial irregularities causing huge loss to it. He was suspended from 6th June, 1987 till 10th September, 1991. On 7th October, 1987 a charge-sheet was issued against him. The memorandum of charges was amended on 15th February, 1988. On 15th January, 1991 the enquiry proceeding was completed.

4. From 1991, it took the appellant authority five years to pronounce the final order in the disciplinary proceedings. This final order was pronounced on 18th September, 1996. The respondent was held guilty. One increment of the respondent was withheld for four years having the effect of postponing future increments. The period of suspension was treated as having been spent on duty by the respondent.

5. The respondent appealed before the appellate authority.

6. On 1st April, 1997 the authority more or less affirmed the order of the disciplina




























































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