N MALLA Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH the appeals arise out of a common Judgment and Order dated 13. 9. 2002 passed by a learned Single Judge of this Court in WP (C) Nos. 174 (SH)/01 and 233 (SH)/01. The Writ Appeal No. 33 (SH)/2002 is also being disposed of by this common judgment which has been preferred against the Judgment and Order dated 7. 10. 2002 passed in W. P. (C) No. 225 (SH)/1999. We have heard Ms. A. Paul, learned counsel for the appellants and Mrs. S. R. Sen, learned counsel for the respondents.

(2.) THE writ petitioner in WP (C) 174 (SH) 01, on conclusion of disciplinary proceedings initiated against him, was imposed with the penalty of stoppage of increments for five years, penalty debarring him from the membership of any statutory body and the penalty imposing restriction upon him in holding higher position under the CAS etc. The orders passed by the authority have been challenged in this petition. The writ petitioner in WP (C) 233 (SH)/01 was imposed with the penalty of compulsory retirement from service with effect from 12. 10. 2001 after conclusion of a disciplinary proceedings initiated against him. In this petition, the orders placing him under suspension, initiation of the departmental proceedings and imposition of the penalty of compulsory retirement have been challenged.

(3.) THE learned Single Judge by the common judgment dismissed the writ petitions W. P. (C) Nos. 174 (SH)/2001 and 233 (SH)/2001. W. P. (C) No. 225 (SH)/1999 was disposed of as infructuous. Being aggrieved thereby, the writ petitioners have preffered the appeals now proposed to be disposed of by this common judgment.