LAWS(CAL)-2019-2-27

DEBOBRATA MUKHERJEE Vs. UNION OF INDIA AND OTHERS

Decided On February 07, 2019
Debobrata Mukherjee Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) In this writ application the petitioner has prayed inter alia, for a Mandamus directing the respondents to quash/set aside the final order of compulsory retirement dated 25.05.2009 and the appellate order dated 13.09.2013, dismissing the appeal.

(2.) The petitioner was a Constable in Railway Protection Force (RPF in short) working under South Eastern Railway, upon whom punishment of 'compulsory retirement' has been imposed as a culmination of a disciplinary proceeding against him.

(3.) The punishment of compulsory retirement more specifically the order imposing punishment dated 22.05.2009 upon the petitioner was initially challenged by him by filling one writ application being W.P No 10484 (W) of 2009 wherein by judgement and order dated January 22, 2013 the Hon'ble court granted him leave to prefer an appeal within a period of 4 weeks from the date of the said judgement and order with a direction upon the appellate authority namely the Chief Security Commissioner to consider the said appeal uninfluenced by any observation made in the order passed in the said writ application.