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2019 Supreme(Cal) 651

SUBRATA TALUKDAR
Gautam Jeswara – Appellant
Versus
Chairman, Kolkata Port Trust – Respondent


Advocates Appeared:
Niranjan Ganguli, Pradip Mukherjee, Swati Agarwal, Advocates.

JUDGMENT :

1. Under challenge in this writ petition is the order of punishment dated 8th of December, 2006 issued against the petitioner by the Disciplinary Authority (DA) of the Kolkata Port Trust (KoPT) reducing the pay of the petitioner for a period of two years. The impugned order of punishment further stipulated that during the said period of two years the petitioner shall not earn any increments.

2. The petitioner is aggrieved by the further fact that the impugned order of punishment has the consequence of delaying his future increments. It is submitted that the dues of the petitioner connected to his suspension period are also outstanding.

3. The petitioner also seeks the setting aside of the Order of the Appellate Authority (AA), KoPT dated the 13th of February, 2007 affirming the Order of the DA in the Disciplinary Proceedings (DP) dismissing his appeal.

4. The petitioner alleges mala fides and a pre-determined mind on the part of his employer, the KoPT, acting through the agency of the DP, on the ground that as a resident of a rented quarter allotted by KoPT at Taratala Labour Colony (the Colony), the petitioner protested against illegal activities of influential officers wit

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