CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA O.A. 350/1514/2022 Date of Hearing: 03.12.2025 Date of Order: 12.01.2026 Coram: Hon’ble Smt. Urmita Datta (Sen), Judicial Member Hon’ble Mr. Suchitto Kumar Das, Administrative Member Dr Nazrul Islam, IPS (Retd), S/O Late Abdul Aziz, aged about 69 years, residing at 579 Madurdaha, Kolkata-700107, District South 24 Parganas, WB Mob: 7980504623 _— E.mail: drnazrulislamips@gmail.com veeeeee Applicant.

-versus-

1. Union of India, service through the Secretary, Ministry of Home Affairs, North Block, New Delhi- 110001,

2. State of West Bengal, service through the Home Secretary, Government of WB, Nabanna, 325 Sarat Chatterjee Road, Howrah-711102, WB.

3. Union Public Service Commission (UPSC), UPSC Bhawan, Shahajahan Rd, New Delhi - 110069. sees Respondents.

For the Applicants: Party in Person For the Respondents: Mr. R. Halder, Mr. S.N. Ray, Mr. A.K Chattopadhyay, Counsel

ORDER

Per Hon’ble Mr. Suchitto Kumar Das, Administrative Member :

1. The applicant has filed this Original Application under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief(s) highlighting the facts of the case:

“a) DIRECTION do issue upon the respondent authorities to quash/set

aside the impugned order [MHA, GOI order No 26011/20/2013-IPS.II dated 14-09-2018] imposing penalty of pension-cut on the moS and all the subsequent orders rejecting his applications for Revision, Review and Memorial.

(i) After Revision, MHA GOI order No 26011/20/2013-IPS.II dated 01-04-2019.

(ii) After Review, MHA GOI order No 24011/20/2013-IPS.II dated 16-09-2021.

(iii) After Memorial, MHA GOI order No 26011/20/2013-IPS.II dated 26-05-2022. b) DIRECTION in the nature of certiorari do issue upon the respondent authorities directing them to produce and / or cause to be produced the entire records of the case and thereupon to pass necessary orders for rendering conscionable justice;

c) Cost and costs incidental hereto;

d) And / or to pass such other or further order or orders as to your Lordships may seem fit and proper.”

2. Facts as narrated by the applicant in his O.A are as follows: Applicant is a retired IPS officer of West Bengal Cadre. While he was posted as Additional Director General of Police, he was served with a charge memorandum dated 22.11.2012 under Rule 8 of the AIS (D&A) Rules containing the following charges:

“

i. It appears that the books written in the Bengali language titled ‘Musalmander Karaniya’ & ‘Musalmander Unnatir Janya Ki Karte Habe’, published by ‘Mitra & Ghosh Publishers Pvt. Ltd.’ & ‘Bhasa o Sahitya’ respectively for public sale, have been authored by Dr. Nazrul Islam, IPS wherein Dr. Nazrul Islam has opined that socio-economic backwardness of certain communities is as a result of allegedly faulty State Policies and actions.

ii. Dr. Nazrul Islam, IPS has given a call to people of S.C, S.T., O.B.C and religious minority communities to unite and not to participate in the religious and community festivals and customs of other communities, which is likely to harm the policies of the State Government in preserving communal harmony.

iii. It is apparent that Dr. Nazrul Islam, IPS has not been hesitant to criticise the usages, practices and traditions of different communities including religious minorities and condemn icons of Indian society, namely, Mahatma Gandhi, Jawaharlal Nehru, Ravi Shankar, Iswar Chandra Vidyasagar and Bankim Chandra Chattopadhyay, which will hurt the sentiments of large sections of the society and have the potential to create disaffection among the people and cause law and order problems.

iv. Dr. Nazrul Islam, IPS in his writings in the books titled ‘Musalmander Karaniya’ & ‘Musalmander Unnatir Janya Ki Karte Habe’ has virtually dismissed all recent policies and actions of the State Government towards the minority communities and backward classes of people in the State and has ca