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2023 Supreme(Cal) 376

KRISHNA RAO
Ejaj Ahmed Khan – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K.B.S. Mahapatra, Mr. G.C. Chakraborty, Mr. Kashinath Bhattacharyya
For the Respondent: Mr. Anirban Mitra Mr. Santosh Kumar Pandey

JUDGMENT :

Krishna Rao, J.:

1. The petitioner has filed the instant writ petition challenging the departmental proceeding and the orders passed by the Disciplinary Authority and the Appellate Authority wherein punishment of removal from service was imposed upon the petitioner.

2. By a Memorandum dated 29th September, 1999, an Article of charges was served upon the petitioner on the allegation that on 21st September, 1999 at about 1900 hours, the petitioner being a Constable of Central Industrial Security Force Unit, NRL, Numaligarh had abused and assaulted Inspector (Executive), N.C. Gorian along with Constable Harender Kumar as a result of which Inspector N.C. Gorian sustained injury. On receipt of the Memorandum of Charge, the petitioner has submitted his reply denying the charges levelled against him and accordingly the Disciplinary Authority had appointed Enquiry Officer to enquire into the charges levelled against the petitioner. During the preliminary hearing, the petitioner had objected for appointment of Shri KVK Sriram, Assistant Commandant as Enquiry Officer and requested to appoint another Enquiry Officer. Considering the request made by the petitioner, another Enquiry Offi

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