Prabir Kumar Mazumdar v. Union Of India And ORS

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [CIRCUIT BENCH AT PORT BLAIR] ******** PRESENT: HON'BLE JUSTICE I. P. MUKERJI AND HON'BLE JUSTICE SHAMPA DUTT (PAUL) WP.CT/65/2023 PRABIR KUMAR MAZUMDAR ...

PETITIONER

VERSUS

THE UNION OF INDIA AND OTHERS ...

RESPONDENTS For the petitioner : Mr. Phatick Chandra Das, Advocate For the respondents : Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi. Advocates Heard on : 13th December, 2023.

Judgment on : 22nd December, 2023 I. P. MUKERJI, J.

The facts of the case are identical to the one which is the subject matter in WP.CT/64/2023 (Mahesh Lall vs. Union of India and others).

The petitioner was charged jointly with Mahesh Lall and other co-accused in the selfsame criminal case.

As the fact, evidence and the law are identical in this case, this writ is also disposed of in the same manner as the writ

concerning Mahesh Lall was disposed of by passing the following order:

I accept the view of the respondents that being a disciplined force a strict standard has to be maintained for members of the force. Further, being such a force on whatever allegation has been proved against the petitioner, strict action is necessary. In those circumstances, I modify the final judgment and order dated 24th May, 2023 passed by the learned Central Administrative Tribunal, Calcutta bench, the order dated 6th July, 2021 of the Disciplinary Authority and the order dated 9th July, 2022 of the Appellate Authority only to the extent that the punishment to be imposed on the writ petitioner shall not include dismissal or removal from service. Any other punishment may be imposed. All consequential benefits are to be released to the writ petitioner. The petitioner is to be reinstated in service immediately if not already reinstated provided he has not crossed the retirement age. This order is to be complied with within eight weeks of communication of this order.

The writ application is accordingly disposed of. ( I.P.Mukerji, J.) I agree.

( Shampa Dutt (Paul), J. )