The Lieutenant Governor And ORS. v. Kunji Mohammed

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [CIRCUIT BENCH AT PORT BLAIR] WP.CT/20/2022 The Lieutenant Governor and others ... Petitioners Vs.

Kunji Mohammed ... Respondent Mr. S.C.Mishra ... for the petitioners Mr. P.C.Das ... for the respondent November 21, 2022 [SR] Item No.6 Party/parties is/are represented in the order of their name/names as printed above in the cause title. Mr.S.C.Mishra, Learned Counsel appears for the petitioners/the Lieutenant Governor and others, representing the Administration and submits that the learned Central Administrative Tribunal ( for short 'the Learned Tribunal') has held that the Order dated 28th June, 2019 passed by the Director General of Police, Andamans, who is not the Competent Authority, to issue such Order stands quashed. It is the stand taken by Learned Counsel for the petitioners that the since the Order dated 28th June, 2019 was not under challenge before the learned Tribunal, by the respondent to this petition/ who was the applicant before the learned Tribunal, the learned Tribunal acted in excess of its jurisdiction by setting aside the said order dated 28th June, 2019.

Hence, in view of the observations and directions passed by the learned Tribunal, vide its final Judgment and Order dated 22nd November, 2021 quashing the Order dated 28th June, 2019 which was not under challenge, this WPCT

has been filed, impugning the said Order of the Learned Tribunal.

Mr. P.C.Das, Learned Counsel appearing for the applicant before the Learned Tribunal/ respondent to this application, submits that it has been settled by the concurrent Hon'ble Division Bench by Order dated 29th June, 2021 by taking notice of the grievances raised by the respondent/the applicant qua the Disciplinary Proceeding instituted against him as a member of the police service of the Islands, that the Competent Appellate Authority is only the Lieutenant Governor, Andaman and Nicobar Islands. Having regard to the Order dated 28th June, 2021 passed by the concurrent Hon'ble Division Bench sitting in Circuit, this Court is of the view that the Order dated 28th June, 2019 (supra) is no more res integra since, admittedly in terms of the Hon'ble Court's Order dated 28th June, 2021, the said Order was not passed by a Competent Authority. In view of the above discussion, nothing remains to be decided further in this writ petition.

However, it is expected that the Lieutenant Governor, Andaman and Nicobar Islands, who is the Competent Authority, shall decide the matter as remanded by the learned Tribunal vide its Order dated 22nd November, 2021 within a period of ten weeks from the date of communication of this Order.

Since affidavits are not invited, all allegations to the contrary stand denied and disputed.

WPCT/20/2022 stands accordingly disposed of.

All parties to act on a server copy of this order downloaded from the website of the Hon'ble High Court. Urgent Xerox certified copy of this order be supplied to the Learned Counsel appearing for the respective parties upon compliance of usual formalities.

( Rabindranath Samanta, J. ) ( Subrata Talukdar, J. )