Authority: High Court at Calcutta, Constitutional Writ Jurisdiction Appellate Side
Order Date: June 21, 2024 (order being set aside)
Case Overview
- Petition: WPA/4716/2026 – Sudhir Kumar Singh (Petitioner) vs Union of India & Ors.
- Legal representation: Petitioner's advocates – Mr. Victor Chatterjee and Mr. Pramitava Nath; Respondents’ advocates – Ms. Smita Pal and Ms. Tanushree Gosh (South Eastern Railway).
- Background: Singh, a Railway employee, was charged with using a firearm on a colleague, leading to disciplinary proceedings and a dismissal order dated July 1 2016 (recorded as June 1 2016 in the Court record).
- The High Court, in its order dated April 10 2024, set aside the dismissal order, finding procedural deficiencies in the enquiry and appellate proceedings.
- The Senior Divisional Security Commissioner, RPF, South Eastern Railway, issued an order on June 21 2024 upholding the dismissal, contrary to the Court’s April 10 2024 judgment.
- Singh contends that criminal proceedings against him have been dropped and he has been acquitted.
Final Outcome
- The Court sets aside the Senior Divisional Security Commissioner’s June 21 2024 order.
- It directs the Commissioner to reconsider the matter in line with the April 10 2024 judgment, arriving at an independent finding without reliance on the July 1 2016 dismissal order.
- Singh is permitted to submit a copy of the order evidencing his criminal acquittal to the concerned authority.
- The Commissioner must pass a reasoned order by October 15 2026 and communicate the decision to the petitioner within one week thereafter.
- The writ petition is disposed of with no order as to costs.
Topics: Dismissal Review, Railway Employment, Judicial Intervention