DAYAL KUMAR NAYAK Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed in connection with the appeal preferred from the order dated 8th September, 2010 whereby and whereunder a learned Judge of this Court dismissed the writ petition on merits. Going through the impugned order, we find that the learned Single Judge which dismissing the writ petition specifically held that the appellant/writ petitioner herein cannot be allowed to take a plea that merely because he was transferred, the authority issuing the charge-sheet did not have the jurisdiction. We are unable to approve the aforesaid decision of the learned Single Judge.

(2.) In the present case, D.I.G.P., C.R.P.F., Siliguri started the disciplinary proceedings against the appellant/writ petitioner by issuing the charge-sheet on 31st January, 2009 when the appellant/writ petitioner herein was admittedly serving under the said D.I.G.P., C.R.P.F., Siliguri. In other words, the D.I.G.P., C.R.P.F., Siliguri was the disciplinary authority of the appellant/petitioner herein at the time of issuance of the charge-sheet. Subsequently, the appellant/writ petitioner herein was transferred to Srinagar in the State of Jammu and Kashmir under a different disciplinary authority.

(3.) Since the appellant/writ petitioner was transferred in the midst of the disciplinary proceedings, the earlier disciplinary authority, i.e. D.I.G.P., C.R.P.F., Siliguri ceased to continue as the disciplinary authority of the appellant/petitioner herein.