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IN THE HIGH COURT AT CALCUTTA
TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Ashok Kumar Gope – Appellant
Versus
Union of India – Respondent
JUDGMENT :
TAPABRATA CHAKRABORTY, J.
1. Eleven persons preferred separate original applications challenging the disciplinary proceedings and the orders passed in the same. As identical points of fact and law were involved in the said original applications, the same were heard analogously. The original application (in short, OA) being OA 1431 of 2010 preferred by Jaydev Prasad Mondal was heard as the leading case and all the OAs were dismissed by an order dated 26th September, 2022. Challenging the said order eleven separate writ petitions have been preferred and the above eight writ petitions have been heard analogously.
2. This case has a chequered history. The writ petitioners were initially engaged as daily rated casual labour on 27.02.1989 in the unit of PW1 Manoharpur but after 47 days, their services were terminated due to expiry of sanction on 14.04.1989. They were again appointed as fresh appointees on 25.05.1989 and terminated on 23.07.1990 alleging that they had been obtained appointment on the basis of forged and fake certificates. Challenging the said orders of termination, the petitioners along with others raised an industrial dispute which was referred before the learned
Dismissals from service upheld due to misconduct; appointments not conferring rights due to violation of recruitment procedures. Legality and fairness in employment processes must align with statutor....
The rejection of benefits must be based on a proper application of mind, and disciplinary action must be conducted expeditiously with appropriate evidence.
The court established that disciplinary actions must adhere to principles of natural justice and proportionality, especially when imposing severe penalties like dismissal.
The termination of services based on misconduct and forged certificates was justified under the Haryana Affiliated College (Security of Service) Rules, 2006, and the writ petitioner was given a fair ....
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