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2026 Supreme(Cal) 212

IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, PRASENJIT BISWAS
Eastern Coalfield Limited – Appellant
Versus
Harkhit Ram Kahar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Susanta Pal, Mr. Nikhil Roy
For the Respondent: Mr. Sandipan Banerjee, Mr. Sobhan Majumdar, Ms. Pubasha Nandy Brahma

Judgment :

Madhuresh Prasad, J.:

1. The appellant was the respondent before the writ Court. Vide order dated 24.12.2024, the writ Court remanded the matter to Respondent No. 3 (General Manager) to examine the record of the departmental proceeding conducted against the writ petitioner, to ascertain whether a copy of the enquiry report was served on the writ petitioner at the stage of second show cause notice by the disciplinary authority. The order dated 24.12.2014 is the subject matter in the present intra court appeal.

2. We have heard the learned advocate representing the parties. Also considered the records including a photocopy of the writ petition (W.P. No. 2856 (W) of 2006), which was handed over to the Court by learned advocate for the writ petitioner, after service of a copy upon the learned advocate representing the appellant.

3. The petitioner was serving as a Driver and was proceeded against by a charge memo dated 20.11.1991. It was alleged that the petitioner was habitual of committing acts of insubordination and abusing his superior authorities. The charges alleged assault also.

4. The enquiry was conducted. An enquiry report dated 18.02.1992, was submitted and the Discipli

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