Union of India vs Pijus Kanti Ghorai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 976

IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Union of India – Appellant
Versus
Pijus Kanti Ghorai – Respondent

Advocates Appeared:
For the Petitioners: Mr. Souvik Nandy, Mr. Arijit Majumdar
For the Respondent: Mr. Jagadish Ranjan Das.

JUDGMENT :

Supratim Bhattacharya, J.

1. The respondent herein was the applicant before the Central Administrative Tribunal (hereinafter referred to as the ‘Tribunal’ ) was an employee of the Gun & Shell Factory, Cossipore, Kolkata (hereinafter to be referred to as the ‘Factory’ ).

2. A complaint was lodged by one Subinay Kar against the said respondent which was received by the said Factory alleging that the said respondent had demanded sum of Rs. 1,50,000/- in lieu of providing a job to the said Mr. Kar in the Factory.

3. On receipt of the said complaint, a vigilance inquiry was directed by the competent authority and on the basis of the report filed by the vigilance authority the said respondent was suspended with effect from 17.07.2015.

4. A disciplinary proceeding was initiated by a Memorandum of Charge dated 21.08.2015 containing the following:

“ARTICLE OF CHARGE-I

That Shri Pijus Kanti Ghorai, Hy. Skilled Gr. 1 (Machinist), Ticket No.130/ Tool Room, Per. No. 006710 of Gun & Shell Factory, Cossipore, Kolkata - 2 is charged with gross misconduct of illegally making money by giving false assurance of Govt. job in Gun & Shell Factory, Cossipore to the outsiders and tarnishing the image