Calcutta High Court (Appellete Side)
Nani Gopal Biswas vs Union Of India And Ors on 18 September, 2024
Author: Debangsu Basak
Bench: Debangsu Basak
Form No. J (2)
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
Present:
The Hon'ble Justice Debangsu Basak
And
The Hon'ble Justice Md. Shabbar Rashidi
MAT 891 of 2023
NANI GOPAL BISWAS
VS
UNION OF INDIA AND ORS.
For the Appellant : Mr. Bikash Ch. Das,
Mr. Ramkrishna Biswas, Advocates
For the UOI : Mr. D. N. Ray,
: Mr. Rajesh Kumar Shah, Advocates
Heard & Judgement on : September 18, 2024
DEBANGSU BASAK, J.
1. Appeal is directed against the judgment and order dated February
16, 2023 passed in WPA 12984 of 2011.
2. Appeal is at the behest of the writ petitioner.
3. Learned advocate appearing for the appellant submits that, the
appellant is similarly situated and circumstances as that of two other
delinquents who were imposed minor punishments in respect of similar
charges. He draws the attention of the Court to the Article of Charges
in respect of two other delinquents who were imposed minor
punishments. He also draws the attention of the Court to the Article of
Charges levelled as against the appellant. He submits that, Article- III
Signed By :
DEBABRATA DAS
High Court of
Calcutta
20 th of September
2024 01:05:15 PM
MAT 891 of 2023
of the Article of Charges as against the appellant, was not proved
during the inquiry. In support of such contention, he draws the
attention of the Court to the Inquiry Report. He submits that the
Presenting Officer looked into the Attendance Register and passed an
opinion which, according to him, is unacceptable. According to him,
since the Article-III of the Article of Charges was not proved, the other
two Article of Charges being similar as that of the two other
delinquents who were imposed minor punishment should be imposed
by the Disciplinary Authority.
4. Learned advocate appearing for the appellant submits that, since
the Disciplinary Authority imposed a punishment of removal from
services, which is not a minor punishment, Disciplinary Authority erred
in not doing so. Learned Single Judge failed to appreciate such fact
and erred in dismissed the writ petition.
5. Respondent Authorities are represented.
6. A disciplinary proceeding was initiated as against the appellant
on three charges. First Article as against the appellant is absentee
from attending to the P.T. Parade and regimental duties. Second
Article is failing to respond in the evening roll call and failing to attend
orderly room of Assistant Commandant. Third Article of Charge is
absentee from duty post on a specified date.
7. On the basis of third Article of Charge, inquiry was held where
Inquiry Officer submitted a detailed report finding that all the three
Articles of Charge stood proved.
8. We perused Inquiry Report. Inquiry Report contains reasons as
the removal from services. Writ Court is not concerned with the
sufficiency of the evidence or is called upon to re-appreciate the
evidence as the Appellate Authority. All that the writ Court is required
Signed By :
DEBABRATA DAS
High Court of
Calcutta
20 th of September
2024 01:05:15 PM
MAT 891 of 2023
to consider is whether there is sufficient material to arrive at the
conclusion that the Inquiry Report returned.
9. In the facts of the present case, subject 'Attendance Register'
was considered. From such Attendance Register and after considering
such documentary evidence and other evidence, it was found that the
appellant was absent on scheduled shift duty on April 20, 1993 about
01.00 hours.
10. There is no material placed on record or before the learned
Single Judge to suggest, let alone establish, to the contrary of such
finding.
11. Appellant challenged the decision taken in the disciplinary
proceeding by way of a writ petition. Such writ petition was allowed.
Being aggrieved, the respondent Authorities preferred an appeal being
MAT 4026 of 2001 when the Division Bench reversed the finding of the
learned Single Judge and allowed the appeal. Appellant filed a Special
Leave Petition being Special Leave Petition 5264 of 2003. Such
Special Leave Petition was heard with other Special Leave Petition
which was disposed of by the Hon'ble Supreme Court by permitting the
appellant to file a fresh representation before the departmental
Authority in view of the fact that such other constables facing similar
charges were given minor punishment.
12. Appellant before us filed a representation for withdrawal of the
order of the removal from services and for imposition of a minor
punishment. Such representation was rejected by a reasoned order.
The reasoned order was challenged by the appellant by way of a writ
petition which resulted in the impugned order.
13. Learned Single compared the Article of Charges of the two other
delinquents who were imposed minor punishment with the charge
Signed By :
DEBABRATA DAS
High Court of
Calcutta
20 th of September
2024 01:05:15 PM
MAT 891 of 2023
sheet of that of the appellant before us. Learned Single Judge held
that, the third Article of Charges were serious in nature and was
absent so far as the other two delinquents are concerned.
Consequently, learned Single Judge found that the appellant cannot
justifiably claim to be on the same footing and circumstance as that of
the two other delinquents who suffered minor punishment.
14. We considered the charge sheet of the two other delinquents
who were imposed minor punishment and the charge sheet as against
the appellant. As noted by the learned Single Judge, third charge as
against the appellant was absent in the charges levelled against the
two other delinquents who were imposed minor punishment. Third
charge as against the appellant was proved during the inquiry as noted
above.
15. Quantum of punishment is in the domain of the disciplinary
authority. Quantum of punishment imposed, on the charges
substantiated, cannot be said to be shocking or disproportionate.
16. In such circumstances, we find no merit in the present appeal.
17. MAT 891 of 2023 is dismissed without any order as to costs.
(Debangsu Basak, J.)
18. I agree.
(Md. Shabbar Rashidi, J.)
Dd
Signed By :
DEBABRATA DAS
High Court of
Calcutta
20 th of September
2024 01:05:15 PM
