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SABYASACHI BHATTACHARYYA, JAY SENGUPTA
Dibyendu Chakraborty – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Jay Sengupta, J.
1. This application is directed against a judgment and order dated 19.02.2018 passed by the Learned Central Administrative Tribunal, Kolkata Branch in OA No. 1851/2015, thereby affirming an order dated 04.07.2011 issued by the disciplinary authority as affirmed by the appellate authority on 02.09.2015.
2. On 15.10.1985 the applicant was appointed as an unapproved substitute at the Taherpur Station under the Eastern Railway. On 26.02.1992 he was promoted to the post of commercial clerk in September 2003. The applicant was appointed as Goods Guard and was posted at Naihati. On 22.06.2005 the petitioner was placed under suspension and a charge-sheet was issued to him on 28.12.2005. The alleged charged related back to the year 1994. It was alleged that the petitioner had adopted unfair means while entering into railway service. The petitioner got the employment in the railway as a gang man by virtue of AEN/BT/S letter number EG/2/BT dated 15.09.1994 (RUD-I), but the authority as mentioned in the said letter which was also mentioned in the service record of the concerned staff was fake. Senior DPO/SDAH confirmed that no such letter as indicated in the office ord
The main legal point established in the judgment is that inordinate delay, non-supply of documents, withdrawal of charge sheet, and lack of reasoning in dismissal orders can vitiate departmental proc....
Delay in initiating disciplinary proceedings must be examined on a case-by-case basis, and prejudice caused by the delay can lead to the quashing of the charge sheet. Inordinate delay in issuing the ....
Judicial review in disciplinary matters is limited to process legality; evidence evaluation remains within the disciplinary authority's purview.
Disciplinary proceedings are invalid if based on prejudicial reliance on undisclosed inquiry reports and if initiated by an incompetent authority, infringing principles of justice.
Inordinate unexplained delay exceeding 12 years in disciplinary proceedings against retired employee, coupled with procedural lapses, causes serious prejudice and warrants quashing to uphold natural ....
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