Union of India vs UNION OF INDIA & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Cal) 172

IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, CJ, PARTHA SARATHI SEN
Union of India – Appellant
Versus
UNION OF INDIA & ORS – Respondent

Advocates Appeared:
For the Appellants : Debottam Das, Tirupati Mukherjee
For the Respondents: Amrita Pandey, Ghanshyam Pandey

JUDGMENT :

PARTHA SARATHI SEN, J.

1. In this writ petition as filed under Article 226/227 of the Constitution of India the order dated 24.07.2009 passed in OA No. 763 of 2004 by the Central Administrative Tribunal, Kolkata Bench (Tribunal in short) is assailed. While passing the impugned order the said Tribunal upheld the enhanced punishment of the original applicant as imposed by the appellate authority that is “removal from service” which has been affirmed by the revisional authority.

2. For effective adjudication of the instant writ petition, the facts leading to filing of the said OA are required to be dealt in a nutshell. In the year 1994 the writ petitioner was posted as Senior TNC/NH and on 06.06.1994 he was served with a memorandum containing article of charge for alleged contravention of Rule 3(1)(i), (ii) and (iii) of Railway Service Conduct Rules, 1966 (‘Rules’ in short) together with a statement of imputation of charge containing alleged fraudulent act with an intention to defraud the railway administration.

3. On the basis of the aforementioned charge and statement of imputation of charge, an in-house enquiry was held wherein the enquiry officer found that the charge as fr