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2020 Supreme(Cal) 285

AMRITA SINHA
Jayanta Sarkar – Appellant
Versus
National Jute Board – Respondent


Advocates Appeared:
Arijit Chowdhury, Advocate, Soumya Majumder, Advocate, Victor Chatterjee, Advocate, Aniruddha Chatterjee, Advocate, Rahul Karmakar, Advocate, Surya Prasad Chattopadhyay, Advocate

JUDGMENT

Amrita Sinha, J. - The petitioner was serving as the Accounts Officer of the National Jute Board (NJB), a statutory authority constituted in terms of the National Jute Board Act, 2008.

2. A charge sheet was issued to him on 28th April, 2015 and the Authority purported to invoke the provisions of the Central Civil Servants (Classification, Control and Appeal) Rules, 1965 herein after referred to as 'CCS(CCA) Rules 1965' for carriage of the disciplinary proceeding. The petitioner challenged the charge sheet before this court by filing a writ petition being WP 788 of 2015 on the alleged ground that no service rule exists in NJB and the aforesaid Rules cannot be made applicable in his case. The said writ petition was heard and disposed of by an order dated 1st September, 2015 wherein the Court was of the opinion that although CCS(CCA) Rules 1965 may not be strictly applicable, the principles analogous thereto shall be applicable, however, only to such extent as required for the purpose of conducting a free, fair and impartial disciplinary proceeding. The NJB was directed to appoint a fresh enquiry officer to conduct the disciplinary proceeding.

3. In compliance of the order dat

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