SWAPAN KUMAR BANKURA Vs. UNION OF INDIA & ORS
LAWS(CAL)-2018-5-40
HIGH COURT OF CALCUTTA
Decided on May 08,2018

Swapan Kumar Bankura Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

- (1.) None appears on behalf of the respondent authorities in spite of service of copies of this writ application upon them.
(2.) Let the affidavit-of-service filed in Court be kept on record.
(3.) This writ application is directed against a final order dated March 22, 2018 passed by the Central Administrative Tribunal, Calcutta Bench in the original application bearing O.A. No.1740 of 2016. The operative portion of the order impugned to this writ application is quoted below:- "Hence, we conclude that the disciplinary authority had erroneously passed his orders concluding the disciplinary proceedings. The disciplinary authority acted beyond the authority that was delegated to him under EPF Staff (CC & A) Rules, 1971 and hence the entire order of disciplinary authority deserves to be set aside. Since, however, the order is being quashed on technical grounds, based on the settled legal proposition that once the Court sets aside the order of punishment on the ground that the enquiry was not properly conducted, we remit the case back to the disciplinary authority to conduct the proceedings from the point wherefrom it stood vitiated and to conclude the same. Hence, we set aside the order of the disciplinary authority and we remand it back to the disciplinary authority to initiate the proceedings afresh and in accordance with rules. IX. The O.A. is hereby allowed to the extent of the above decision. Parties will bear their respective costs.";


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