IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay W.P.A. 12978 of 2002 Subhash Chandra Kushwaha -Vs-

Union of India & Ors.

For the Petitioner : Mr. K. B. S. Mahapatra Mr. Aditya Shit For the Union of India : Mr. Swapan Kumar Nandi Ms. Banani Bhattacharya Heard on : 13.03.2025 10.06.2025, 04.09.2025 Judgment on : 30.01.2026 Uploaded on : 04.02.2026 Ananya Bandyopadhyay, J.:-

1. The petitioner a Constable in the Central Industrial Security Force (hereinafter called CISF) was posted at CISF Unit, Mining and Allied Machinery Corporation (hereinafter called MAMC).

2. The petitioner had been issued with a Memorandum of Charge under Rule

34 of CISF Rules 1969 by the Commandant dated 8th December 2002.

3. Despite denial of the allegations by the petitioner a Departmental Enquiry was conducted against him and the Disciplinary Authority by its letter dated 2nd March 2001 forwarded a copy of the Enquiry report seeking representation.

4. The petitioner through an application dated 7th March 2001, sought for tested documents and additional documents for preparation of his representation, which were supplied to him by the Dis