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2024 Supreme(Gau) 155

KAUSHIK GOSWAMI
Force No. 941400224 CT/GD Johnny Dkhar, S/o. Late N. N. Sharma – Appellant
Versus
Union of India, Represented by the Secretary to the Government of India, Ministry of Home Affairs – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Mazumdar.
For the Respondents: Mr. B. Chakraborty, CGC.

JUDGMENT :

Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. B. Chakraborty, learned CGC for the respondents.

2. This petition is filed under Article 226 of the Constitution of India assailing inter-alia, the actions of the respondent authority to initiate de-novo departmental proceedings against the petitioner which has been conveyed by letter dated 04.11.2015 (Annexure-F), order dated 26.12.2015 (Annexure-G), by which the respondent authority appointed an Enquiry Officer to conduct the said enquiry into the charges developed against the petitioner and the Enquiry Notice dated 07.02.2016 (Annexure-A).

3. The brief facts of the case is that the petitioner joined the CISF as Constable/GD on 15.01.1994 and accordingly, was discharging his duties.

4. On 06.07.2011, while the petitioner was returning from Calcutta, after attending his official training, to his present unit at Jorhat, the petitioner was robbed in the station. The petitioner was also administered some medicines. On somehow reaching his parent unit at Jorhat, the petitioner was taken to Jorhat Civil Hospital wherefrom he was referred to Psychiatrist for further examination. The petitioner was then take

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