LAWS(CAL)-2019-8-194

S. SIMACHALAM Vs. UNION OF INDIA

Decided On August 19, 2019
S. Simachalam Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Under challenge in this writ petition is the order of the learned Central Administrative Tribunal, Kolkata Bench at Circuit at Port Blair (for short referred to only as the learned Tribunal) in OA 351/01377/2018 passed on the 18th of December, 2018.

(2.) By the said impugned order the learned Tribunal rejected the prayer of the petitioner for re-appreciation of the final order of termination in the Disciplinary Proceeding (for short DP). The prayer was made on the ground that after closure of the DP in 2012, three criminal trials (for short CTs) on the self-same charges had resulted in the acquittals of the petitioner.

(3.) Ms. Nag, learned counsel appearing for the petitioner/the delinquent in the DP, submits that the learned Tribunal omitted to notice in its order dated the 18th of December, 2012 (supra) an important issue raised by the petitioner. Such issue has been, inter alia, pleaded at paragraphs (j) and (k) of the OA filed before the learned Tribunal.