The Union Of India And ORS v. Avijit Roy

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WP.CT/52/2023 The Union of India and others Vs.

Avijit Roy Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the petitioners Ms. Anjili Nag ... for the respondent December 13, 2023 [SR] Item No.1 The facts of this case moves the conscience of the Court. The amount involved is only Rs.5,68,866/-. In 2016 it was sanctioned by the Administration to be paid to the respondent on account of arrear salary.

The case of the petitioners is that there was misappropriation of this money. The respondent's complicity in it was not ruled out. The records reveal that from 30th July, 2019 the petitioners have started investigation against the respondent through the Central Bureau of Investigation. From that time the Administration has been moving the Central Government for approval to initiate departmental proceedings against him. Till date such approval has not been given. Investigation by the Central Bureau of Investigation was ordered. It found nothing. It furnished a closure report on 21st December, 2022.

On 27th April, 2023 the Tribunal ordered release of the sum to the respondent. Till date it has not been so released. On the contrary the petitioners have preferred this application under Article 226 of the Constitution of India challenging the order of the Tribunal.

Mr. Shatadru Chakraborty, learned advocate for the petitioners submits that more time be given to the Administration to obtain approval from the Central

Government. They also want a fresh enquiry to be made by the Central Bureau of Investigation.

In our view an inordinately long time has been consumed by the petitioners in this enquiry against the respondent. Till date they have found nothing against him. If the Central Government has not approved the initiation of the departmental proceedings, it is to be presumed that it has no charge that can be levelled against the respondent. In those circumstances, we direct the Andaman and Nicobar Administration to immediately release the said sum of Rs.5,68,866/- to the respondent within six weeks of communication of this order.

This writ application is disposed of accordingly, affirming the impugned order of the tribunal. ( I.P.Mukerji, J.) ( Shampa Dutt (Paul), J. )