K. MOHAMMAD & ORS. Vs. UNION OF INDIA & ORS.
LAWS(CAL)-2002-5-81
HIGH COURT OF CALCUTTA
Decided on May 22,2002

K. Mohammad And Ors. Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

Ashim Kumar Banerjee, J. - (1.) In 1980 there had been an agitation amongst the members of the Railway Protection Force posted at Andal within the State of West Bengal. All the employees belonging to a particular union submitted sick memo. All were dismissed by a summary dismissal. There had been litigation challenging the, order of summary dismissal. This court directed reinstatement by quashing the order of dismissal.
(2.) Writ petitioner was one of them. Writ petitioner's writ application being C.R.No.15612(W) of 1984 was disposed of by this court on 14th July, 1993 wherein the order of summary dismissal was quashed and the writ petitioner was directed to be reinstated with liberty to the respondent to initiate appropriate disciplinary proceedings.
(3.) In terms of the liberty granted by this court the writ petitioner was proceeded with departmentally and suffered an order of punishment by way of stoppage of increment for three years with cumulative effect. The disciplinary authority also treated the period when the earlier order of termination was in force i.e. from 26th November, 1980 to 10th July, 1994 as "non-duty" and thereby denied back wages for about fourteen years.;


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