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2024 Supreme(Cal) 668

RAI CHATTOPADHYAY
Jitendra Kumar Yadav – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Shraboni Sarkar.
For the Respondents: Mr. Kalyan Kr. Chakraborty, Mr. Raj Kr. Sain

JUDGMENT :

Rai Chattopadhyay, J.

1. An order of the appellate authority, i.e, Deputy Inspector General of Police cum Chief Security Commissioner, Metro Railways Kolkata/respondent no. 4, dated 17.08.2022, is under challenge in this writ petition.

2. By dint of the said impugned order dated 17.08.2022, the appellate authority has upheld the finding of guilt of the present writ petitioner of the charges leveled against him and also the punishment awarded to him of ‘removal from service’ vide order dated 18.04.2022.

3. The writ petitioner is aggrieved with the said order of the appellate authority and has moved the instant writ petition on the grounds inter alia that the appellate authority could not apply judicious mind to the facts emerged during disciplinary enquiry, that the appellate authority did not consider that the charges leveled against the writ petitioner were not proved in the disciplinary enquiry, that the appellate authority erroneously applied the provisions of the R.P.F Rules, 1987, as well as Railways Services (Conduct) Rules, 1966, in case of the writ petitioner and thus its finding in the impugned order to uphold the punishment of ‘removal from service’ of the writ pet

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