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2019 Supreme(Cal) 204

DEBANGSU BASAK
GOBINDA GHOSH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
Achin Kr Majumder, Adv., Arindam Chattopadhyay, Adv.

JUDGMENT :

DEBANGSU BASAK, J.

1. The petitioner has challenged the charge sheet dated February 10, 2010, the report of the enquiry officer dated November 7, 2011, the order of punishment dated December 14, 2010, the order of the appellate authority dated January 20, 2011 and the order of the revisional authority dated September 29, 2011 in the present writ petition.

2. Learned Advocate appearing for the petitioner has submitted that, the impugned charge sheet was issued by a person, who had no jurisdiction to do so. The impugned charge sheet was issued by a person who was neither the appointing nor the disciplinary authority. The impugned charge sheet was not vetted and approved by the disciplinary authority. Therefore the impugned charge sheet is without jurisdiction. The entire departmental proceedings stands vitiated. In support of such contention, he has relied upon (Union of India & Ors. v. B.V. Gopinath, AIR 2014 SC 88).

3. Learned Advocate appearing for the petitioner has referred to the report of the enquiry officer. He has submitted that, the findings returned by the enquiry officer are perverse. He has referred to the findings of the enquiry officer and has submitted that, th












































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