ARUP KUMAR ROY Vs. BOARD OF TRUSTEES FOR THE PORT OF KOLKATA
LAWS(CAL)-2019-9-185
HIGH COURT OF CALCUTTA
Decided on September 06,2019

ARUP KUMAR ROY Appellant
VERSUS
BOARD OF TRUSTEES FOR THE PORT OF KOLKATA Respondents

JUDGEMENT

- (1.) The impugned order of penalty dated 30th May, 2017 read with the corrigendum order dated 16th June, 2017 passed by the disciplinary authority and the order dated 3rd January, 2018 passed by the appellate authority is under challenge in the instant writ petition.
(2.) The petitioner is serving in the rank of Deputy Manager at the Haldia Dock Complex. A disciplinary proceeding was initiated against him and a charge sheet issued on 18th September, 2013. A corrigendum to the charge sheet was issued on 13th July, 2014. The petitioner replied to both the charge sheets. An enquiry officer was engaged to enquire into the charges levelled against the petitioner. The enquiry officer submitted his report to the disciplinary authority.
(3.) The enquiry officer's report exonerated the petitioners of all the charges. The disciplinary authority disagreed with the findings of the enquiry officer and without giving any further opportunity of hearing to the petitioner the disciplinary authority passed the impugned order of penalty of reducing the pay of the petitioner by two stages in the same time scale of pay for a period of two years from the date of issue of the order. The petitioner was not entitled to any increments during the aforesaid period of reduction of his pay and his reduction would have the corresponding effect of postponing the future increment of his pay.;


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