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2019 Supreme(Cal) 285

ARIJIT BANERJEE, AMRITA SINHA
P. Murugeshan – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : P.C. Das.
For the Respondent: S.K. Mandal, Sr. Adv. and S.C. Mishra.

JUDGMENT :

Amrita Sinha, J.

1. Being aggrieved by the judgment and order dated 25th June, 2018 passed by the Central Administrative Tribunal, Calcutta Bench, Circuit Bench at Port Blair in OA No. 500/AN/2017 the petitioner has filed the instant writ application.

2. The brief facts of the case are as follows:-

3. The petitioner is a constable in Indian Reserve Battalion, Andaman & Nicobar Islands. On 06th October, 2012 he along with three other members of the said battalion were caught red handed for indulging in illegal trade of Wild Water Monitor Lizard. All the persons were arrested and a criminal case was registered against them under sections 50/51 of the Wild Life (Protection) Act, 1972 vide Misc. Case No. 107 of 2012. All were sent to judicial custody.

4. The respondent authorities initiated a common proceeding against all the members and issued charge sheet against them. They were charged with the act of illegal trading of Wild Water Monitor Lizard amounting to grave misconduct and gross indiscipline which is in contravention of the mandatory provision under Rule 3(1)(i), (ii) and (iii) of the Central Civil Services (Conduct) Rules, 1964.

5. A disciplinary proceeding was initiated

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