Amarjit Singh vs Sg Ct. 16 The Union Of India & Ors
2021 Latest Caselaw 3625 Cal

Item-   07-07-2021                        WP.CT 32 of 2020


                                          Amarjit Singh
                                              Versus
 sg       Ct. 16                      The Union of India & Ors.

                                    (Through Video Conference)



                           Mr. Sanjib Mal, Adv.
                           Mr. N.P. Biswas, Adv.
                           Mr. Soumen Bhattacharjee, Adv.
                                             ...for the petitioner

                           Mr. Madan Murari Verma, Adv.
                           Mr. Arijit Majumdar, Adv.
                                           ...for UOI

We have heard the learned Counsel for the parties. We

have also perused the order forming the subject matter of

challenge in this writ petition.

It appears from the impugned order that the learned

Tribunal in the judgment has referred to the submissions made

on behalf of the parties with reference to their pleadings and

thereafter, referred to few decisions of the Hon'ble Supreme

Court and without considering the submissions made on behalf

of the writ petitioners that there is no misconduct per-se

dismissed the original application only on the ground that the

penalty imposed is not shockingly disproportionate to the

allegations levelled and proved. The argument of the writ

petitioner that there has been no willful omission and

commission on his part and the punishment imposed is not

sanctioned by the relevant CCS Rules have not been considered

by the learned Tribunal.

We find that the Tribunal has not applied its mind to the

submissions made on behalf of the writ petitioners in deciding

the matter. Upto paragraph 15 of the impugned judgment are

recording of submissions and reference of case laws without

there being any discussion as to the applicability of the rationers

decidendii of such decisions to the facts of the case. Moreover, it

is not in dispute that the enquiry officer has exonerated the writ

petitioner from all the charges.

On such consideration, we feel that the matter should be

remanded to the learned Tribunal for fresh consideration.

The learned Counsel for the writ petitioner submits that the

writ petitioner may be permitted to file a supplementary affidavit

to bring on record certain facts.

The learned Tribunal shall consider such prayer if made

before the learned Tribunal.

The impugned order is set aside.

The learned Tribunal shall decide the matter afresh being

uninfluenced by its previous decision. All points are kept open to

be considered by the learned Tribunal.

We request the learned Tribunal to decide the matter as

expeditiously as possible.

All parties shall act on the basis of the server copy of this

order duly downloaded from the official website of this Court.

(Hiranmay Bhattacharyya, J.) (Soumen Sen, J.)