LAWS(CA)-2014-9-42

S.P. SARKAR Vs. UNION OF INDIA

Decided On September 08, 2014
S.P. Sarkar Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THESE 3 original applications namely OA. 148/AN/2011, OA. 164/AN/2011 and OA. 165/AN/2011 are identical in nature and heard analogously by the Division Bench of Central Administrative Tribunal, Calcutta Bench, circuit at Port Blair, consisting of Hon'ble Mr. Mukesh Kumar Gupta (Judicial Member) (as his honour then was) and Hon'ble Mr. Champak Chatterjee (Administrative Member)(as his honour then was) and an order was passed on 14.09.2012. The matter was referred to Larger Bench for determining following questions: -

(2.) A Larger Bench comprising with 3 Hon'ble Members namely, Hon'ble Mr. Mukesh Kumar Gupta (Judicial Member) (as his honour then was), Hon'ble Mr. Shankar Prasad (Administrative Member) (as his honour then was) and Hon'ble Mr. Navneet Kumar (Judicial Member) heard the matter.

(3.) ON basis of said conclusion, reference was answered in para 49 of the said order which reads such: -