KISHOR BEHERA Vs. THE UNION OF INDIA AND ORS.
LAWS(CAL)-2015-3-30
HIGH COURT OF CALCUTTA
Decided on March 13,2015

Kishor Behera Appellant
VERSUS
The Union of India and Ors. Respondents

JUDGEMENT

- (1.) This writ application has been preferred by the petitioner challenging a disciplinary proceeding including the charge-sheet dated 31st December, 2009 issued by the respondent no.5, the enquiry report communicated vide memorandum dated 12th May, 2010, the order of the disciplinary authority dated 17th June, 2010, the order of the appellate authority dated 30th September, 2010 and the order of the revisional authority dated 31st July, 2011.
(2.) The facts, in a nutshell, are that the petitioner was an employee of Central Industrial Security Force (hereinafter referred to as the CISF) and when he was posted as a Constable at Haldia, he was served a charge-sheet dated 21st December, 2009 issued by the respondent no.4. The petitioner thereafter participated in the enquiry in which five members of a surprise check team deposed on behalf of CISF along with one Mr. K. K. Ghosh, Coy Commander.
(3.) In the midst of such enquiry, the petitioner was supplied a copy of the presenting officer's brief vide memorandum dated 28th April, 2010 and subsequent thereto the enquiry report was communicated to the petitioner by a memorandum dated 12th May, 2010. The petitioner replied to the said enquiry report on 28th May, 2010 and subsequent thereto the petitioner was communicated the order of the disciplinary authority vide memorandum dated 17th June, 2010 imposing a punishment of removal from service upon. Aggrieved by the said order of punishment, the petitioner preferred a statutory appeal but by an order dated 30th September, 2010 the appeal was dismissed. Aggrieved thereby, the petitioner approached the revisional authority by a petition dated 24th November, 2010 and upon consideration of the same the petitioner's punishment was modified to compulsory retirement from service with 90% pensionary benefits from the date of removal from service.;


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