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2023 Supreme(Cal) 1133

SUBRATA TALUKDAR, LAPITA BANERJI
Union of India – Appellant
Versus
Subhas Chandra Das – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Indrajeet Dasgupta, Puspita Bhowmick.
For the Respondents: Victor Chatterjee, Sunny Nandy.

JUDGMENT :

LAPITA BANERJI, J.

1. This is an intra-court appeal preferred from an Order dated January 22, 2003, passed by an Hon’ble Single Judge of this Court. The Hon’ble Single Judge by the Impugned Order set aside the Order of the Appellate Authority dated February 28, 1992 and also the Order of the Reviewing Authority dated June 5, 1992.

2. The Writ Petitioner/Respondent in the Appeal, was dismissed from service on August 31, 1991. The writ petitioner preferred a statutory appeal. The said appeal was dismissed by the authority concerned on November 23, 1991. The petitioner filed the first writ petition in the High Court at Patna, Ranchi Bench against the Order dated November 23, 1991 passed by the Appellate Authority (hereinafter, referred to as the first “Appellate Order”).

3. By a Judgment and Order dated December 20, 1991, the Hon’ble Patna High Court quashed the “First Appellate Order” with a direction to consider the Appeal preferred by the writ petitioner afresh in terms of Rule 47(2) of the CISF Rules, 1969. The petitioner was working as a Constable with the Central Industrial Security Force (“CISF”) at the material point of time when he was dismissed from service.

4. The Sec

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