UNION OF INDIA Vs. P.K. CHAKRABORTY

JUDGEMENT

(1.) Heard Mr. Prashant Vidyarthi, learned counsel for the appellants and Mr. K.P. Deo, learned counsel for the respondent in details and we have perused the entire record.

(2.) Learned counsel for the appellants has submitted that there is illegality and irregularity committed by the learned Single Judge in passing the impugned judgment and order dated 22.05.2015 in W.P.(S) No. 4734 of 2012. He has further submitted that the learned Single Judge has not considered the fact that the respondent was involved in a conspiracy with one Sarita Das of CISF Unit Lilabari Airport in getting one C.L. Ganjir involved in the alleged charge of misconduct. He has further submitted that the respondent had made 53 calls to the said Sarita Das, CISF personnels and had also received 28 calls on reply, but the learned Single Judge has not considered this conspiracy part of the respondent and has passed the impugned judgment dated 22.05.2015 and quashed the order dated 18.06.2012 contained in Annexure-8 to the writ petition (W.P.(S) No. 4734 of 2012).

(3.) From Perusal of the judgment passed in W.P.(S) No. 4734 of 2012, it reveals that no conspiracy part has been proved against the respondent in departmental proceeding. It has come in the departmental proceeding that only 82 calls were made/received by the respondent to different mobiles including the mobile of Sarita Das. This is the only material against the respondent.