Disposed

Satish Prasad Datta v. the Union of India and Ors.

Patna HC24 Jul 2012CWJC/13110/2012

Case brief

AI extract

What is this about?

Patna High Court dismissed the writ petition challenging disciplinary penalties imposed on a Jute Corporation employee. The court granted liberty to the petitioner to approach the appellate authority within 15 days.

What did the court decide?

Liberty granted to petitioner to approach the appellate authority (Board of Directors of Jute Corporation of India Ltd.) within 15 days.

Satish Prasad Datta Vs the Union of India and… — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.13110 of 2012

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Satish Prasad Datta, son of Late Kamlakant Lal Datta, resident of Mohalla Dharamganj, P.O. Kishanganj, P.S. Kishanganj, District Kishanganj.

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.... .... Petitioner

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Versus

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1. The Union of India through the Secretary, Ministry of Textile, Government of India, New Delhi.

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The Secretary, Department of Textile, Union of India, New Delhi. 3. The Board of Director through the Chairman-cum-Managing Director, the Jute Corporation of India Ltd. Regd. and Head Office 15N, Nillie Sengupta Sarani, Kolkata-700087.

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The Chairman-cum-Managing Director, the Jute Corporation of India Ltd. Regd. and Head Office 15N, Nillie Sengupta Sarani, Kolkata-700087.

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The Manager, Personnel and Administration, the Jute Corporation of India Ltd. Regd. and Head Office 15N, Nillie Sengupta Sarani, Kolkata-700087.

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The Deputy Manager, Personnel and Administration, the Jute Corporation of India Ltd. Regd. and Head Office 15N, Nillie Sengupta Sarani, Kolkata-700087.

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The Regional Manager, the Jute Corporation of India Ltd., Regional Office, N.H.31, Purnea, P.S. Purnea, District Purnea.

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.... .... Respondents

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====================================================== For the Petitioner : Mr. Anju Jha, Advocate. For the Respondents : Mr. Raghib Ahsan, A.S.G. Mr. Shiv Kumar, C.G.C. Mr. P.L. Jaiswal, C.G.C. ====================================================== P R E S E N T : HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER

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2 24-07-2012 Heard learned counsel for the petitioner and learned counsel for the respondents.

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This writ petition has been filed by the petitioner challenging the order of Disciplinary Authority dated 19.04.2010 communicated vide letter dated 20.04.2010 under the signature of Deputy Manager (Personnel and Administration), Jute Corporation of India Ltd. by which the

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Patna High Court CWJC No.13110 of 2012 (2) dt.24-07-2012

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Disciplinary Authority imposed both major and minor penalties on the petitioner with recovery of pecuniary loss of Rs.19,979.00 @ Rs.2,000.00 per month till his superannuation and the balance amount if any from his terminal dues and reduction of pay by one stage from Rs.15,810.00 to Rs.15,340.00 in his time scale of pay of Rs.5,200.00 – 20,200.00 for a period of one year with effect from 01.04.2010 and that he will not earn increment of pay during the period of reduction and on expiry of this period, the reduction will have the effect of postponing his future increment of pay and also for direction to grant of consequential benefits.

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Learned counsel for the petitioner submits that against the said order the petitioner had filed appeal on 09.07.2010 and thereafter also he filed several petitions before the appellate authority, namely the Chairman-cum-Managing Director of the Jute Corporation for reconsideration of the penalty imposed by him and hence the petitioner again filed an appeal before the Board of Directors of the Jute Corporation on 29.04.2011 for setting aside the aforesaid order of penalties, but till date no step has been taken in that appeal.

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In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioner to approach

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Patna High Court CWJC No.13110 of 2012 (2) dt.24-07-2012

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the appellate authority, namely Board of Directors of the Jute Corporation of India within 15 days from today along with a copy of this order, whereafter the authority shall consider the appeal in accordance with law and shall decide it by a speaking order within three months thereafter.

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(S.N. Hussain, J)

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Harish/-

Satish Prasad Datta v. the Union of India and Ors.

Case brief

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Satish Prasad Datta v. the Union of India and Ors.

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