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2026 Supreme(Online)(Cal) 375

CALCUTTA HIGH COURT
SUJOY PAUL, ACJ, PARTHA SARATHI SEN, J
SRI PHOOL CHAND PRASAD – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Partha Sarathi Bhattacharya, Sr. Adv., Mr. Raju Bhattacharya, Adv., Mr. Golam Karim Chowdhury, Adv.
For the Respondents: Mr. Sukumar Bhattacharyya, Adv., Ms. Puja Sonkar, Adv., Ms. S. Bhattachrya, Adv.

PARTHA SARATHI SEN, J. : –

1. In this writ petition filed under Article 226 /227 of the Constitution ofIndia, the judgment and order dated 30.03.2012 as passed by the Central Administrative Tribunal, Kolkata Bench (hereinafter referred to as the ‘saidTribunal’ in short) in O.A. 1256 of 2008 is assailed.

2. For effective adjudication of the instant writ petition some relevant factsare required to be dealt with which are as under:

(i) The writ petitioner was appointed on 08.09.1986 as an unapproved Bunglow Peon by the Eastern Railway Authority with effect from08.09.1986 (FN) against existing vacancy.

(ii) During the continuance of such service the writ petitioner was served with two numbers of charge-sheets in the month of January, 1990 and another charge-sheet on 21.09.1990 which contained the charge of unauthorised absence from duty.

(iii) The legality, validity and correctness of the said two charge-sheets was challenged by the writ petitioner before the said Tribunal by filing O.A. 358 of 1991 which was disposed of on 21.07.1997 whereby and whereunder the charge-sheet of January, 1990 and another charge- sheet dated 21.09.1990 were quashed and set aside along with the enquiry undertak

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