Sl. No.20

27.04.2026 Court no.7 sp CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE JURISDICTION WPCT 2 of 2026 Union of India & Ors.

Versus Shri Kalipada Sarkar Mr. Ratan Banik, Mr. Biswaraj Agarwal, Mr. Tapan Bhanj, Mr. Shankar Sarkar.

…for the applicant.

Mr. P.C. Das.

..for the respondent.

1. The subject matter of the instant application under Article 226 of the Constitution of India is an order dated 16^th December, 2025 passed by 7the Central Administrative Tribunal, Kolkata in O.A. No.

350/1531 of 2025.

2. The brief facts of the relevant case are that the respondent Kalipada Sarkar was serving as Superintendent, Central Board of Excise and Customs, Siliguri Division, West Bengal. He superannuated from service on 31st January, 2010. During the pendency of his service, criminal proceeding under the provisions of Section 13(2) and Section 13(1)(e) of the Prevention of Corruption Act, 1988 was initiated against him. Upon superannuation, the respondent was receiving provisional pension.

3. By a judgment and order of conviction dated 28th November, 2023, the learned Judge, Special (C.B.I.) Court, Siliguri found the appellant guilty under Section 13(2) read with Section 13(1)