LAWS(CAL)-2018-10-38

MADHUSUDAN GHOSH Vs. UNION OF INDIA AND OTHERS

Decided On October 05, 2018
Madhusudan Ghosh Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner was the Head Constable of the Central Industrial Security Force (CISF, for short). The Senior Commandant, CISF Unit, Kolkata Port Trust i.e., the respondent no. 4 issued a charge-sheet, dated September 3, 2013 on the charges of illegal gratification, the past conduct of the petitioner for which he was imposed ten punishments and for undisciplined acts and corrupt practice. A departmental enquiry was held. The enquiry officer held the charges against the petitioner to have been proved. The petitioner was given an opportunity to submit his written representation to the report which he did. The respondent no. 4 by an order, dated December 6, 2013 dismissed the petitioner from service with immediate effect.

(2.) Against that order of dismissal, the petitioner filed a statutory appeal. The appellate authority being the respondent no. 5 by an order, dated March 19, 2014 dismissed the appeal filed by the petitioner. From the order of the appellate authority the petitioner filed a revisional application belatedly. By an order, dated August 17, 2015 the respondent no. 6 rejected the revisional application as time barred. The petitioner has mentioned the health grounds for the delay caused in filing an application for revision.

(3.) The petitioner has challenged all the orders passed by various authorities from his dismissal from service to the order rejecting the revisional application by the respondent no. 6. He has separately challenged the order passed by the appellate authority on March 19, 2014 and has also prayed for reinstatement to service and for payment of the arrears amount of the salary.