Ct. 16 vs Sg Shri Avijit Ghosh & Ors
2021 Latest Caselaw 3519 Cal

Item-   30-06-2021                        WP.CT 36 of 2021
  21
                                       Union of India & Ors.
          Ct. 16                               Versus
 sg                                    Shri Avijit Ghosh & Ors.

                                    (Through Video Conference)



                           Mr. Ram Chandra Agarwal, Adv.
                           Mr. Nilanjan Bhattacharjee, Adv.
                           Mr. Sarda Sha,
                                                   ...for the petitioners

                           Mr. Phatick Chandra Das, Adv.
                           Mr. Arpa Chakraborty, Adv.
                           Mr. Subhankar Das, Adv.
                           Mr. Ujjal Ray, Adv.
                                                  ...for the respondents

We have heard the learned Counsel for the parties.

We are, prima facie, of the opinion that the order dated 29 th

January, 2021 passed by the learned Central Administrative

Tribunal revoking the suspension order on the basis of the

judgment of the Hon'ble Supreme Court in Ajay Kumar

Choudhary vs. Union of India through its Secretary & Another

reported in (2015) 7 Supreme Court Cases 291, was not proper

as it appears that Memorandum of Charges/Charge-sheet has

been served and the charges are quite serious and grave.

However, the petitioners/original applicants shall be entitled to

subsistence allowance as per Rules.

List this matter for further consideration after four weeks.

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