Central Administrative Tribunal - Kolkata
Arijit Das vs Eastern Railway on 22 September, 2022
Tt rary "ry, CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA ee OA. 350/448/2020 : | tee a Present :Hon'ble Ms. Bidisha Banerjee, Judicial Member . ' Hon'ble Dr. Nandita Chatterjee, Administrative Member Arijit Das, aged about 22 years, son of Arup Kumar Das of village Kauralia, P.O. Ballidanga Faridpur, P.S. Kaliganj, Dist- Nadia, Pin- 741187. ...-Applicant. -versus- 1. Union of India, service through the General Manager, Eastern Railway, 17, N.S. Road, Fairlie Place, Kolkata- 700 001. 2. The Principal Chief Personnel Officer, Eastern | Railway, 17, N.S. Road, Fairlie Place, Kolkata- 700 001. 3. The Principal CSTE, Eastern Railway, 17, N.S. Road, Fairlie Place, Kolkata -- 700 001. 4. The Senior Personnel Officer (H Q & PC)/E.rly. /SDAH of DRM Building, Sealdah, Kolkata- 700 014. 5. The Senior Personnel Officer (S & T)/E.Rly. SDAH of DRC Building/SDAH, Kolkata- 700 014. 6. CSTE/Ply/E.Rly/Sealdah of DRM _Building/SDAH, Kolkata- 700 014. 7. CSTE/Project/Eastern Rly. /SDAH of DRM Building/SDAH, Kolkata- 700 014. w+... RESpONdents. For the Applicant "OM. A. K. Gayen, Counsel at Ms. A. A. Gayen, Counsel we ba a For the Respondents : Mr. H. Ghosh, Counsel Heardon: 05.10.2021 Date of order: 92° 09. 2.022. ORDER
Per Ms. Bidisha Banerjee, JM:
Ld. Counsel were heard and records and written arguments perused.
2. The applicant has preferred this application under Section 19 of CAT Act, 1985 challenging inter-alia- illegal and forceful termination order issued on 08.06.2020 and has sought for the following reliefs:
"(a) Issue direction upon the concerned respondents, move particularly the respondent nos. 2 and 3 to consider and dispose of the representations dated 03.04.2020, 18.05.2020 in terms of general condition of service as well as CPO circular/memo No. E 891/4/C1. !V/Policy/2015 dated 25.06.2015 within a specified period without giving any effect and/or further effect of the termination . letter dated 08.06.2020 w.e.f. 03.03.2020 being "A-5" of the application.
(b) Direction be made upon the concerned respondents to re-instate the appiicant in his previous place of posting without giving any effect and/or further effect of the letter of termination dated 08.06.2020 and release pending salary till finalization of the original application, or to stay of operation of the termination letter dated 08.06.2020.
(c) The termination letter dated 08.06.2020 be quashed and/or set aside as the same has been issued without due process of law.
(d) Such further order or orders, direction or directions be made as the Hon'ble Tribunal may thinks fit and proper."
3. The facts pleaded are as under:
The applicant joined the Railway Establishment after proper selection by scrutiny of the testimonials as " substitute TDAK (Telephone Attendant-cum-Duk Khalashi) under CSTE/Plg./E.Rly/SDAH against a permanent sanctioned post on 15.07.2019,. duly issued by Sr. Personnel Officer (HQ & PC)/E. R\ly/SDAH according to terms of conditions laid down in CPO/E.Rly/Kolkata letter no. E 891/4/C1.1V/2015 dated 25.06.2015. The conditions of the said engagement as has been disclosed therein is that after completion of 120 days in service, the applicant shall obtain "Temporary Status" automatically and the incumbent be . | th treated as "Regular Employee in Railway" as provided RBE No. E (NG) 11/92/CL/65 dated 04.09.1992 and also 2.5 of the said notification.
That, the concerned officer through his wife threatened the applicant that until and unless he fulfilled the demand (monetary) he would be terminated from service. When the applicant stated his inability, he was tortured both mentally and physically... Without finding any alternative he made representation before the authorities including G. M/E.Rly.
That, he has completed more than 240 days service as TDAK.
4, This Tribunal, on 21.10.2020, directed exchange of pleadings. On 03.07.2020 this Tribunal directed the respondents to disclose whether the applicant earned temporary status and whether paragraph 5.1 and 5.2 of the circular dated 25.06.2015 would apply to the present applicant. Again on 08.03.2021, this Tribunal directed the CPO/E.Rly. or any other officer above the CSTE/Project, E. Rly, to give a personal hearing to the applicant to hear the audio conversation and file a report.
Pursuant to the directions of the Learned Tribunal , personal hearings were held on 08.04.2021 and 12.04.2021 with the audio conversation (Pendrive) when the concerned officer did not allow the Learned Advocate to be present at the time of personal hearing. Applicant has alleged that the said audio conversation was recorded in Bengali, whereas Shri Ajoy Kumar, PCST/E. Rly. does not understand Bengali so he had to depend upon one of this office staff to translate the same either to Hindi or to English.
On 26.04.2021, the PCST/E. Rly. submitted his report containing 11 pages. Out of 11 pages, page no. 4 and 9 were the same document. That the said report reveals no conversations with regard to demand of money from the applicant or any kind of mental and physical torture.
On receipt of the said report the applicant filed an objection to it. This Tribunal on 28.06.2021, directed the respondents to take instructions whether the office order dated 08.06.2020 is sustainable as it intends to terminate the service of the applicant retrospectively w.e.f. 03.03.2020. Further, this Tribunal directed the Learned Counsel of the applicant to supply the citations in support of his contention that retrospective termination is not permissible.
In compliance thereof, the following judgements have been cited in which are as follows:
(i) Judgment dated 25.11.1980, rendered by the Hon'ble High Court at Patna in Smt. Lalita Kumari vs. State of Bihar & Ors.[1981 (29) BUR 309]
(ii) Judgment dated 20.01.2021, rendered by Hon'ble Orissa High Court in Uday Kumar Jena vs. Director of Secondary Education, Orissa & Ors[ WP (C) No. 2004/2002].
(iii) Judgement dated 02.05.2017, rendered by the Hon'ble Punjab & Hariyana High Court in Naresh Kumar vs. Hariya School Siksha Parijojana Parisad & Ors[CWP No. 936/2015].
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(iv) Judgement of Patna High Court in connection with Shyam Babu Kumar vs. State of Bihar & ors[CMN No. 1901/2018]
(v) Judgment of the Hon'ble Supreme court, reported in 2015 (5) Supreme 233 in Raj Kumar Dixit vs. M/s V. K. G. Sarkar.
| (vi) Judgment of the Hon'ble Supreme Court, reported in (2013) 10 SCC 324 in Deepali Gundu Surware vs. K. J. V. Maha Vidyalaya.
The issues that cropped up for determination were the following:
(i) The applicant having completed 120 days service and having earned temporary status, whether his termination by violating the clause 5.1 of the said Railway Board's notification/policy dated 25.06.2015 , was justified.
(ii) Whether retrospective termination is permissible in the eye of law.
It was vociferously argued by the Ld. Counsel for the applicant that,
(i) as per Railway Board's notification dated 25.06.2015, the applicant ought to have been given opportunity to face the D. A. proceeding under clause 5.1 of the said policy/notification. In absence of the same, the termination order dated 08.06.2020 could not be sustained in the eye of law.
(ii) | The report submitted by the PCST/E. Rly. dated 16.04.2021 could not have been taken into account as the said report was prepared by somebody else.
(iii) It is well settled that termination order cannot be given effect retrospectively, and retrospective termination is _ impermissible.
Therefore, the said termination order dated 08.06.2020 effecting termination retrospectively from 03.03.2020 is liable to be quashed and/or set aside and the applicant should be reinstated with all the benefits including salary for this intervening period i.e. from 03.03.2020 to till his reinstatement.
7. Per contra, respondents would aver as under:
(i) Sri Arijit Das, being the applicant herein, was engaged as Substitute TADK under Sri D. Bhattacharjee, Ex. Chief Signal & Telecom Engineer/ Planning/E. Rly. now as Chief Signal & Telecom Engineer (Project)/E. Rly. w.e.f. 15.07.2019.
(ii) | The Telephone Attendant-cum Dak Khalasi (TADK is engaged in Railway service to provide a tacit physical support to the concerned officer including the domestic affairs relating to the bungalow/quarter of the officer concerned keeping the nature of rigorous and hectic schedule of duty of the Officer concerned into an active consideration, and TADK is responsible to look after the personal needs of the officer concerned and the job of the TADK encompasses attending telephone calls and clearance of official Dak | of the officer concerned. So it is expected that such TADK, so engaged, is to deliver and render his service with the utmost dedication, sincerity and in a bonafide manner in accordance with relevant Railway Rules in between the lines, minutely and meticulously
(iii) That in order to monitor such level of dedicated support/service to the concerned Officer, specific clauses of attainment of temporary status and Satisfactory performance certificate against paragraph no 2.8 have been inserted in the engagement policy circulated under this office letter bearing no.E.891/4/C1.1V/Policy/2015 dated 25.06.2015, which clearly states that "After completion of 120 days of continuous service, the Substitute TADK will attain temporary status provided the officer, with whom the TADK is attached, gives a report about the performance of the TADK being satisfactory after 120 days.
(iv) That from the very beginning of his service, Sri Das, being the applicant, had shown a very casual approach towards his job which can be best ascertained from the attendance particulars of the staff which has already been highlighted in paragraph no. 4(ii) of the reply filed by the Railway administration, being the answering respondents.
(v) | That due to such lackadaisical attitude towards the job of the applicant and poor support to the Officer concerned, the Officer concerned neither issued satisfactory performance certificate recognizing the continuance of 120 days regular service of the applicant, nor this office notified and/or recognized him officially as a temporary TADK. In other words, the applicant never achieved the temporary status of TADK in accordance with the true spirit of the relevant rules made for the purpose.
(vi) The officer concerned was never satisfied with the performance of the applicant. The officer concerned has resorted to a very extreme step and recommended for his termination. Acting on such recommendation, as received and after due approval of the competent authority, office order dated 08.06.2020 was issued terminating the service of Sri Arijit Das, Substitute TADK.
(vii) The respondent authorities had been very watchful and at the same time hopeful and sympathetic too that the applicant would definitely mend his ways of action that in time and the wisdom of the applicant will show the best avenue the applicant survive in job.
(viii) Sri Arijit Das, had filed a frivolous supplementary rejoinder in connection with the reply made by the answering respondents bringing forward some baseless allegations against the Officer concerned without adducing any conclusive evidence supporting such allegation so levelled.
(x) Sri Das mentions several times of proof like CCTV recording, audio recording and attendance register. None of these have been duly verified | and authenticated any competent authority and rather these all evidences are motivated, malafide and transparent reflection | oblique motive of applicant and after all a tip the ice berg.
(xi) Sri Das had neither lodged any complaint, nor did take any recourse to any legal action when the alleged misbehavior was meted out him. This clearly shows that the whole exercise is just an afterthought and thoroughly fabricated and just ploy to tarnish the image respectable Officer long and National Organization like the Indian Railway Administration in broader application.
(xii) That, Sri Das trying deviate from the core issue, i.e. (a) He has not completed 120 days continuous service, and (b) His service was not satisfactory and He failed to obtain any certificate showing his satisfactory performance towards the officer concerned.
(xv) That, after listening to the alleged audio conversation produced before him, PCSTE/E.Rly had concluded in his report dated 16.04.2021 that the Officer concerned had not demanded any money from the applicant and the audio conversations did not prove anything regarding demand of money by the concerned Officer. Hence, the allegations made by the applicant were totally baseless and thereafter, the applicant filed an "Exception to the said report dated 16.04.2021 submitted by PCSTE/E.Rly bringing forward the following allegations: |
1. That Sri Ajay Kumar, PCSTE/E was not well versed with the © Bengali language.
2. That PCSTE/E.Rly had appointed an interpreter and was completely dependent upon him.
3. That PCSTE/E.Rly was trying to safeguard the Officer concerned, i.e CSTE/Project/E.Rly. .
4, That PCSTE/E.Rly had retained the pen-drive with mala fide intent.
5. That DA proceedings should have been initiated against the Officer concerned.
(xvi) In this context, the following points are submitted:
That 10
(i) As per the solemn order dated 08.03.2021 passed by the Hon'ble CAT/Calcutta, the Hon'ble Tribunal had directed CPO/E.Rly or any other competent authority above CSTE/Project to give a personal hearing to the applicant Sri Arijit Das and submit a report. A personal hearing was extended to Sri Arijit Das by PCSTE/E.Rly and accordingly report dated 16.04.2021 was submitted. Hence, the order dated 08.03.2021 of Hon'ble CAT/Calcutta was fully complied with.
(ii) Sri Arijit Das in his said exception report had only highlighted some of his hypothetical perceptions which are prejudicial in nature and rather considered as concoction and a blatant deviation from the actual issue with distortion of facts. As per report dated 16.04.2021, PCSTE/E.Rly being the competent authority empowered to extent a personal hearing to the applicant did $0 in due compliance to the said solemn order dated 08.03.2021 passed by the Hon'ble CAT/Calcutta. Nowhere in the report dated 16.04.2021 it has been mentioned about the presence of an interpreter.
8. The rival contentions were carefully analysed and the discernible facts are as under:
(i) As per policy of engagement and discharge of Bunglow Peons (renamed as TADK) issued by the Eastern Railways vide notice dated 25.6.2015, particularly para 5 thereof:
"Ss. Discharge:
5.1. The service of TADK is liable to be terminated straightway for unsatisfactory work before attaining temporary status. After attaining
- temporary status the service of TADK is also liable to be terminated for unsatisfactory work only after observing DA proceedings by the concerned department.
a ee | 11 5.2. The service of TADK is liable to be terminated for unsatisfactory work under Para 1502, IREM Vol. | 1989 Edition as application to any other Railway employee."
In the. present case the applicant seems to be engaged on 15.7.2019 and terminated vide memo dated 8.6.2020 therefore admittedly he had put in more than 120 days of service and had attained a temporary status. Therefore, his termination straightaway, for unsatisfactory work, was in violation of the policy as noted supra.
A bold statement of the respondents that he has not completed 120 days, ' despite production of attendance register of the applicant or that the applicant had not attended duty regularly would not be sufficient to rob him off his right to. .
y 3 continue against the post in question in absence of any contrary document to rebut the same.
In the note at Annexure R-1, a register is referred to as a so called "Gate Register" and is labelled as a "false document", however no other register has been produced to prove such statement.
The respondents have heavily relied upon the contents of Master Circular No. 20 which envisages as under : | H9, : Definition:
"Substitutes" refer to persons engaged in Indian Railway Establishments on regular scales of pay and allowances applicable to posts falling vacant because of absence on leave or otherwise of permanent or temporary Railway Servant and which cannot be kept vacant."
XXXXXXXXXXX XXXXXXXXXXX XXXXXXXXXXX Note: 2. Persons proposed to be appointed as substitutes are to be clearly warned that . their appointment is only as substitutes and services will be terminated. immediately on return of the persons on leave or regular selected candidates become available.
[No. E(NG}65 LR 1-1 dated 01/09/1965 --
12No. E(NG)III 68 SB/1 dated 29/06/1968 No: E(NG)II 69 SB/12 dated 25/11/1969 No. E(NG)il 68 SB/1 dated 31/03/1970 No. E(NG)II-68/SB/1 dated 08/07/1970 No. E(NG) Ill 75 RC 1/121 dated 09/01/1976 No. E(NG) Ill 77 RC 1/43 dated 12/08/1977 No. E[NG] Il!l-78 RC 1/4 dated 25/07/1978 No. E(NG)III-78 RC 1/4 dated 24/08/1978 No. E(NG)III/80 RC 1/42 dated 19/06/1980 No. E(NG)II/79/CL/5 dated 29/09/1980 No. E(NG) II/89/RC3/2 dated 22/02/1999 (RBE 58/1989) E(ML)69/ML3/30A dated 25/09/1969) ;
Benefits:
4.1. Substitutes engaged should be paid requiar scales of pay and_allowances admissible to the post against which they have been appointed irrespective of the naiyre or duration of the vacancy.
4.2. They should be allowed all the rights and privileges as are admissible to temporary Railway employees on completion of four months continuous service.
4,3. Substitute school teachers may, however, be afforded temporary status after they have put in continuous service of three months. Their services to be treated as continuous for all purposes except seniority on their eventual absorption against regular posts after selection.
4.4, The conferment of temporary status after completion of four months continuous service in the case of others and three months continuous service in the case of substitute teachers mentioned in paras 4.2 and 3 above does not entitle them to automatic absorption/appointment to Railway service unless they are selected in the approved manner for appointment or absorption to regular posts.
4.5. Service of substitutes will count for pensionary benefits from the date of completion of four months (3 months in the case of teachers) continuous service vided it is followed by absorption in regular Group 'C' (Class Iil)/Group 'D' class IV) service without break.
4.6. Age limit for recruitment to Group 'D' (Class IV) service may be relaxed to the extent of their total service rendered as substitute which may be either continuous or in broken periods.
(The above provision of age relaxation applies equally to such cases of regularization in Group 'C' (Class III) skilled or highly skilled grades also.
XXAXXAKXXXXN ; © XXXMXAXXKKAKK XXXXXXXXK 4.8. Festival/Flood advances: The substitutes who have attained temporary status and have put in three years' continuous service should be treated on par with the temporary status Railway servants and granted these advances on the same conditions as are applicable to temporary Railway servants, provided they furnish two surities from the permanent Railway servants. .
13(4.9. Substitutes are eligible for medical facilities for self only in the out-patient Department. The service cards etc. of the employee may be utilised as identification cards for this purpose.)
5. Screening of the substitutes for their absorption in regular service:
5.1. Substitutes, who have acquired temporary status should be screened by a Screening Committee and not by selection Boards, constituted for this purpose before being absorbed in regular Group 'C' (Class ill) and Group 'D' (Class IV) _ posts.
Such a Screening Committee should consist of at least three members, one of whom should belong to the SC/ST Communities and another to minority es.) communities.
6. Date of appointment The date of appointment of a substitute to be recorded in the Service Book against the column "Date of appointment" should be the date on which he/she attains temporary status after a continuous service of four months if the same is followed by regular absorption. Otherwise, it should be the date on which he/she is regularly appointed/absorbed.
7. Break in service.
The following cases of absence will not be considered as "break in service" for determining the four months continuous service for the purpose of absorption in regular employment:
a. The periods of absence of a substitute who is under medical treatment with injury sustained on duty covered by the provisions of workman's Compensation Act; ;
b. Authorized absence not exceeding 20 days during the preceding six months, Note: i. The term "authorised absence" for this purpose covers permission granted by the Supervisory Official in-charge to be away from the work for the period specified.
ii, Unauthorised absence or stoppage of work will be treated as a break in continuity of employment.
_ ii. Days of rest even under HOER or under the statutory enactments and the days on which the establishment employing the substitutes remains closed will not be counted against the of 20 days authorised absence, and iv, Period involved in journeys for Joining the post on transfer from one station to another or within the same stations itself but not exceeding in any case, normal period of joining time permissible under the Rules.)
8. Re-engagement of Substitutes:
8.1. Substitutes who have been discharged during the strike of 1974, and have not been re-employed will be re-engaged against future requirements in the order of priority on the basis of their total period of service prior to their discharge.
8.3. The substitutes who have not been engaged so far will also be considered . based on the length of their employment prior to their discharge.
8. 6. in-the-case of retrenchment of substitutes the Rule "last come first to go"
"may not be applied but the reasons for the same have to be recorded by the | Railway.
[No. E(NG)II-74 CL/99 dated 25/08/1975, No. E(NG)II 74 CL/99 dated 10/09/1976, No. E(NG) 11/74/CL/99 dated 16.10.76, No. E(NG) II-74 CL/99 dated 09/11/1976, No. E(LL)76 AT/ID/1-16 dated 17/02/1978]
9. Service Register.
9,1. In view of economy measures and ban on recruitment, no_fresh face of substitutes should be engaged without the prior personal approval of the General Manager concerned.
9.2. it is not, however, the intention that the services of the existing substitute should be dispensed with merely because of the Railway Board's ban orders.
9.3. A register should be maintained for recording the names of all "Substitutes" whenever employed according to the Unit of recruitment, e.g.. Divisions, - Workshop. etc. strictly in the order of their up employment at the time of their initial engagement. The names of such of those Casual Labours/Substitutes who were discharged from employment at _any_time after January, 1981 on completion of work or for want of further productive work, can continue to be borne on the Live Casual Labour Register.
[Board's letter No. E(NG) I1/78/CL/2 dated 25/04/1986 (RBE 82/1986)] 9.4. if a substitute who was earlier discharged from service on completion of work. or on return of the person against whose post he/she was engaged as substitute has not booked again in the preceding two complete calender years, his/her name should be struck off the register.
9.5. If a substitute retrenched.on completion of work 0 or return of the person against whose post he/she was working does not accept subsequent offer made on availability of a vacancy, he/she loses the benefit of the previous spell of employment as such.
The extract of Master Circular No. 20 (supra) clearly and unambiguously spells out the manner of treatment to be meted out to "substitutes" in Railways particularly those who have put in a continuous 4 months of service, that they are to be treated as temporary employees which includes holding DA proceeding in case of termination due to misconduct, unsatisfactory service etc. The applicant's discharge symplicitor for unauthorized absence etc. is thus bad.
"4 15 Further, in the present case it is discernible the present applicant was engaged with the prior personal approval of the GM, but has been discharged without his approval, which is also bad.
The applicant was paid salary regularly every month from: July, 2019 to February, 2020. Salary slips are on record and go to prove that the applicant had rendered service for more than 4 months. The attendance register extract proves that he was engaged for a period of at least 16 hours per day. No document to rebut the same is on record.
In Smt. Lalita Kumari(supra) Hon'ble Patna High court noted that:
" saseessessens the department came out with the order as contained in Annexure A-15. It stated that since the Middle School Certificate produced by her, which was the basis of her appointment as a teacher was found to be forged, her appointment was cancelled with retrospective effect from the date of her appointment itself......."
And observed as under:
"5. It is well settled by now that a departmental proceeding is a quasi judicial proceeding and the position of a delinquent staff proceeded against is akin to that of the accused in a criminal trial. This necessitates not only the observance of the statutory formalities but of the rules of natural justice, and if there is infraction of either of the two in appropriate circumstances it will prove fatal to the final order passed against the delinquent staff."
Tvsvssscvscsneees a clear opportunity should have ben provided to the petitioner to adduce evidence by way of defence if she desired. in the facts and circumstances of this case the denial of such an opportunity to the petitioner was an action in utter violation in the rules of natural justice introducing serious infirmity i in the impugned order and rendering it illegal.
8. The result is that the application is partly allowed and Annexure A-15 is quashed.
ssaeetsessseeeevee The quashing Annexure A-15 will have the inevitable consequences of r e instatement with full back wages in accordance with law........... "
In Udaya Kumar Jena (supra) Hon'ble Court observed that ssectenssene there cannot be again an order of termination with retrospective OFFECE...rereveee "
In Naresh Kumar (supra) Hon'ble Pubjab-Haryana High Court observed that 16 Similar view seems to have been taken in Afsana Afrin (supra) Hon'ble High Court at Calcutta observed that davessseiens by and order dated 10 September, 2014 the District Project Officer _ terminated the service of Smt. Sahani with retrospective effect from 11" June, 2013." - .
In Shyam Babu Kumar (supra) it was held that ."4. The law stands well settled that where the statutory authority acts without independent application of mind at the behest of another, the order is vitiated in law. The law stands equally well settled that there can be no retrospective termination."
In Raj Kumar Dixit (supra) "termination-.without complying with mandatory statutory requirement....." was deprecated.
In Deepali Gundu Surwase (supra) it was held that "In.a case wrongfulfillegal termination, High Court agreeing with Tribunal's finding that appellants' suspension and termination was per se illegal but setting aside award of full back wages on reinstatement on grounds that appellant had not proved factum of non-employment during the intervening period. The Tribunal also took cognizance that appellant was not gainfully employed anywhere and management had not controverted the same, ordered her reinstatement with full back wages. Single Judge committed grave error by interfering with Tribunal's order for payment of back wages, ignoring that chares levelled against appellant were frivolous and inquiry was held in gross violation of the rules of natural justice - Hence, order of Single Judge set aside- Tribunal's order, restored,"
In the aforesaid backdrops our inferences are the following:
(i) | The termination of a TADK who has rendered more than 4 months continuous service, for unsatisfactory performance, without any show cause notice or enquiry, without any opportunity to defend himself was bad.
(ii) ° That apart the termination order dated 08.06.2020, ordered to take effect retrospectively from 03.03.2020, in the aforesaid backdrop, is illegal, bad and hence to be quashed for the ends of justice.17
10. Accordingly, we would quash the termination order dated 08.06.2020 with --
all consequential benefits with liberty to act in accordance with law. No costs.
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(Nandita Chatterjee) (Bidisha Banerjee) Member (A) Member (J)
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