UNION OF INDIA Vs. UDAY CHAND MAJUMDER

JUDGEMENT

(1.) These two writ petitions have been preferred by the Union of India and its officials challenging the legality and correctness of similarly worded orders dated May 9, 2019 passed by the Central Administrative Tribunal, Calcutta Bench, Kolkata (hereinafter the Tribunal) in O.A. No.385 of 2017 and O.A. No.350 of 2016. By the orders impugned, the Tribunal allowed the original applications of the respondent no.1 in W.P.C.T.No.112 of 2019, Shri Uday Chand Majumdar, and the respondent no.1 in WPCT 113 of 2019, Shri Prasenjit Mukherjee, by quashing the orders of minor penalty imposed on them as well as the orders of the appellate authority affirming the same. The respondents in the original applications (hereinafter the writ petitioners) were directed by the Tribunal to refund the entire amounts recovered by them from the original applicants, preferably within one month from the date of receipt of copies of the said orders.

(2.) On 07.02.2020, this Bench had observed that identical issues being involved in both the writ petitions, the same would be taken up together for hearing and consideration.

(3.) Before dealing with the rival submissions of the parties, it would be appropriate to set out the facts of both the writ petitions briefly.