IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction APPELLATE SIDE Present:

The Hon’ble Justice Tapabrata Chakraborty &

The Hon’ble Justice Partha Sarathi Chatterjee MAT 1140 of 2016 +

IA No. CAN 3 of 2019 [Old No. CAN 5535 of 2019]

Pradip Kumar Modak Versus Union of India & Ors.

For the Appellant : Mr. K.B.S. Mahapatra, Mr. Kashinath Bhattacharjee, Mr. Aditya Shit, Mr. Arif Sultana.

For the Respondents : Ms. Chandreyi Alam, Mr. Sourav Mondal.

Hearing is concluded on : 3^rd March, 2025.

Judgment On : 18^th March, 2025.

Tapabrata Chakraborty, J.

1. The disciplinary proceeding was initiated against the appellant by a charge sheet dated 10.10.2013. The sole charge was that during posting at the New Delhi Metro Station on 01.10.2013 at about 09.59 hours he had fought with the HC/GD-AC Coy which caused breach of peace and tarnished the image of the Force and showed a grave negligence towards duty, indiscipline and misconduct. The appellant replied to the chargesheet and an enquiry was conducted under Rule 36 of the Central Industrial Security Force Rules, 2001 (hereinafter referred to as the CISF Rules). In the midst thereof, he was suspended vide memo dated 01.10.2013. He duly particip