S/L 5

28.01.2026 Court No.04 B.K.N F.M.A. 677 of 2020 With CAN 5 of 2025 Union of India & Ors.

Vs.

A. Prabhakaran & Ors. (Force No. 8607880071) since deceased, substituted by his legal heirs and representatives, P. Navanethem and Others Mr. Arijit Majumdar … for the Appellants/U.O.I.

Mr. Anup Kr. Lahiri, Mr. Dr. Bishnupada Dutta … for the Respondents.

1. Heard the learned advocate for the Union of India.

2. The substituted writ petitioners are also represented by Mr. Arup Kr. Lahiri.

3. The Union of India has put to challenge the order dated

17.05.2016 passed by the Hon’ble Single Judge disposing of the writ petition. He has allowed the writ petition interfering with the punishment awarded by the appellants in a departmental proceeding against the writ petitioner/respondent, a Cook in the Force. The Hon’ble Single Judge found the award of punishment to be unsustainable on the ground that the Enquiry Officer had proceeded in the enquiry performing the role of a Presenting Officer. Relying upon decision of the Apex Court in the case of State of Uttar Pradesh and Others –Vs.- Saroj Kumar Sinha reported in 2010 (2) SCC 772 the Hon’ble Single Judge was of the view that non-appointment of a Pres