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2024 Supreme(Cal) 1457

JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Union of India – Appellant
Versus
Jayanta Kumar Pathak – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sudipto Kumar Mazumdar, Ajoy Kumar Singhania, Saptak Sarkar, Sourav Kar
For the Respondents: Bikramaditya Ghosh, Supriya Singh

JUDGMENT :

JOYMALYA BAGCHI, J.

1. This is a second round of litigation between the parties.

2. Respondent/writ petitioner was posted as officiating commandant of 34th Battalion, SSB, Alipurduar between 8th February, 2017 to 23rd April, 2017. A compliant was made by constable G.D. Shyam Nandan Singh of the said battalion to the headquarters SSB, New Delhi alleging respondent/writ petitioner had received undue favours from suppliers. Letter was forwarded to Front Headquarters, Siliguri and a discreet enquiry was initiated. During the discreet enquiry an anonymous letter was received and forwarded to the Front Headquarters with recommendation of Chief Vigilance Officer. Sri A.K. Pandey, Inquiry Officer conducted the court of enquiry and submitted a report of 7th December, 2017. The report was forwarded to the Assistant Director Vigilance FHQ, SSB.

3. In the meantime, respondent/writ petitioner had been posted at 35th Battalion, SSB, Patna. Accordingly, court of enquiry report was forwarded to the Inspector General, Front Headquarters, SSB, Patna. After examining the matter and obtaining approval of the Inspector General, Deputy Inspector General SHQ, SSB, Gaya directed disciplinary action

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