Union of India vs Biswanath Chakraborty

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 928

IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Union of India – Appellant
Versus
Biswanath Chakraborty – Respondent

Advocates Appeared:
For the Appellants : Mr. Indrajeet Dasgupta, Ms. Amrita Pandey.
For the Respondents: Mr. Chiradip Sinha

Judgment :

Madhuresh Prasad, J.

1. The present petitioner was the respondent before the Central Administrative Tribunal, Kolkata Bench, (hereinafter referred as “Tribunal”). The Original Application, O.A No. 191 of 2021 was filed seeking quashing of the Speaking Order dated 29.09.2020 issued by the Senior Divisional Personnel Officer (Eastern Railway, Howrah). The Speaking Order was passed on representation dated 13.01.2020 made by the applicant in terms of an order passed by the Tribunal on the applicant’s earlier Original Application bearing O.A. No. 356 of

2. The applicant’s Original Application bearing O.A. No. 191 of 2021 was disposed of by the Tribunal substantially allowing the relief prayed by the applicant.

3. Briefly stating, the facts of the case are that the applicant/ respondent in the present proceedings was appointed in South Western Railway on 14.07.2009 as an Assistant LOCO Pilot (Diesel) (hereinafter referred to as “ALP”). He was appointed in the Mysore Division. While working there he met with an accident on 21.06.2010. The accident required the petitioner to undergo surgery and he was sick from 21.06.2010 to 02.02.2011. Thereafter, fitness certificate was issued by