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2023 Supreme(Cal) 90

RAJA BASU CHOWDHURY
Sanjoy Kumar Singh – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Achin Kumar Majumder, Advocate, Arun Kumar Maiti, Advocate

JUDGMENT

Raja Basu Chowdhury, J. - The present writ application has been filed, inter alia, challenging an order of suspension dated 7th October, 2003, charge sheet dated 23rd October, 2003, the dissenting note of the disciplinary authority dated 11th June, 2004, the order of punishment dated 30th July, 2004 and the order passed by the appellate authority dated 4th August, 2005.

2. The petitioner claims to be a constable of Railway Protection Force (RPF) of South Eastern Railway. At the time when the instant writ application was filed, he was posted at Adra. While the petitioner was working at RPF post Adra, he was placed under suspension by an order dated 7th October, 2003. Subsequently, a charge sheet dated 23rd October, 2003 was served on the petitioner. Without providing any opportunity to the petitioner to respond to the charge sheet, the name of the enquiry officer was announced and the date of enquiry was also fixed. After conclusion of the enquiry, the disciplinary authority had by letter dated 11th June 2004, forwarded the findings of the enquiry officer along with the dissent note and called upon the petitioner to show cause. The petitioner had responded to such show cause,

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