Shyamal Chakraborty vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Tri) 198

AKIL KURESHI
Shyamal Chakraborty – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Ms. R Purkayastha, Advocate, for the Petitioner; Mr. P K Dhar, Sr. Govt. Advocate, Mr. Anujit Dey, Advocate, for the Respondent

JUDGMENT

The petitioner’s grievance is that the benefit of 3rd Assured Carrier Progression (ACP), which was due to him in the year 2015, has not been granted on the ground that a departmental charge sheet is pending against him. Learned counsel for the petitioner drew my attention to a communication, dated 22nd June 2021, as at Annexure-F to the petition in which this aspect has been highlighted by the departmental authority. This communication reads as under :

“Sir,

With reference to the subject cited above, I am directed to return back here with the proposal of 3rd ACP of Sri Shyamal Chakraborty, Pharmacist of Udaipur District Jail along with his service book, as a Departmental proceeding vide case No.92/INQ/ACDJ/JAIL/2020 has been pending against him. So, at present his 3rd ACP may not be initiated till disposal of his D.P. case.

This is for your kind information please.”

Counsel for the petitioner further pointed out that the departmental charge sheet was issued to the petitioner only on 26th December 2019 whereas his right to receive the benefit of 3rd ACP arose in the year 2015.

I am in agreement with the contention of counsel for the petitioner. For an event which took place 4 yea

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