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2021 Supreme(Cal) 290

SOUMEN SEN, HIRANMAY BHATTACHARYYA
Union of India – Appellant
Versus
Shyama Prasad Chattopadhyay – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sandip Kumar Bhattacharyya.
For the Respondents: Mr. Soumya Majumder, Mr. Victor Chatterjee.

JUDGMENT :

SOUMEN SEN, J.

1. The writ petition is directed against the order passed by the Central Administrative Tribunal, Calcutta Bench on July 17, 2019, in connection with an original application filed by Shyama Prasad Chattopadhyay (hereinafter referred to as ‘the Respondent’) in which the Respondent had, inter-alia, challenged the imposition of penalty of compulsory retirement and rejection of his appeal by the Appellate Authority.

2. Pithily put, the facts are thus:

    Shri Shyama Prasad Chattopadhyay, the Respondent herein, was a Senior Audit Officer in the office of the Director-General of Audit, Central, Kolkata. The respondent while working, as such, had come across an advertisement in the website of the Asiatic Society inviting applications for the post of Controller of Finance on deputation. As he was interested in the said post, he made an application on September 9, 2013, to the Director General of Audit, Central under the Comptroller and Auditor General of India (in short ‘CAG’) requesting the said Authority to forward his name to the Asiatic Society on deputation. The competent Authority accepted the request for deputation and his bio-data was accordingly forwarded by a l

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