Sri Ram Pravesh Prasad vs The Union Of India & Ors
2022 Latest Caselaw 7804 Cal

   01.
24.11.2022
   S.D.

                                   W.P.A. 6048 of 2020

                                 Sri Ram Pravesh Prasad
                                          Vs.
                                The Union of India & Ors.

                   Mr. Achin Majumdar
                                                        ..For the Petitioner
                   Mr. Partha Ghosh
                                                    ..For the Respondents

Supplementary affidavit filed in Court today be

retained with the record.

In this writ petition, the second charge sheet dated June

24, 2022 has been challenged. The petitioner was an Inspector

with the Railway Protection Force (in short, R.P.F., Eastern

Railway). An initial charge sheet was framed against the

petitioner on November 18, 2019 and the petitioner submitted

a detailed reply to the same. Thereafter, the disciplinary

authority dropped the said charge sheet by an order dated

January 24, 2020. On the selfsame cause of action, second

charge sheet was framed on June 24, 2022 by the Senior

Divisional Security Commissioner, R.P.F.

Mr. Majumdar, learned counsel appearing on behalf of

the petitioner submits that the second, fresh charge sheet on

selfsame and identical allegation could not have been framed

without assigning reasons for the same. Therefore, the second

charge sheet was drawn pursuant to illegal and arbitrary

exercise of power and the same should be vitiated.

Furthermore, he submits that the order of the disciplinary

authority dated July 13, 2022 should also be set aside and/or

cancelled. He relies on a Division Bench judgment of this

Hon'ble Court dated August 19, 2009 passed in W.P.C.T. 210

of 2008 in support of his contention that it is not illegally

permissible to withdraw the first charge sheet and issue a

second charge sheet without sufficient reasons.

Mr. Ghosh, learned counsel appearing on behalf of the

respondents submits that since reasons were accorded for

withdrawal of the first charge sheet and issuance of the second

charge sheet, the same was not vitiated. Furthermore, the

second charge sheet was not identical to the first charge sheet.

The petitioner has participated in the entire disciplinary

proceedings. The final order has already been passed by the

disciplinary authority, but the same was not issued, showing

deference to this Court being in seisin of the matter.

He further submits that the petitioner is due to retire on

November 30, 2022 and the charges against him are serious.

In the event, the order passed by the disciplinary authority is

not issued within November 30, 2022, the said order will

become infructuous given the position in law that no

delinquent employee can be handed over an order of

penalty/punishment by the employer post retirement.

From the supplementary affidavit filed in Court today

this Court finds that sufficient reasons have been given by the

Assistant Security Commissioner by way of a letter dated

January 24, 2020 to the Senior Divisional Security Officer for

withdrawal of 1st charge sheet and issuance of the 2nd one.

In the light of the discussions above, this Court finds no

reason to quash and/or set aside the second charge sheet dated

June 24, 2022 on the ground that no legally tenable reasons

were accorded for issuance of the second charge sheet.

The writ petition being W.P.A. 6048 of 2022 is

dismissed without any order as to costs.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if

applied for, be given to the parties upon compliance with all

the formalities.

(Lapita Banerji, J.)