Document Fragment View

Matching Fragments

The applicant submitted a further representation dated 12.01.2021 being aggrieved with the inaction on the part of the respondent authorities in issuing the second Charge Memorandum dated 30.12.2019 on similar facts by withdrawing the first Charge Memorandum without disclosing any reasons, which has also been considered and disposed of.

Accordingly, the present O.A. has been filed.

3. The respondents have filed their reply wherein they have submitted that the applicant initially joined National Malaria Eradication Program (NMEP) as LDC in the office of Regional Office H & FW, Govt. of India on 19.01.1983 on temporary basis with a condition that he will be on probation for the initial two years vide Office Order dated 22.02.1983 Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN= Shantanu Pramanik Pramanik Reason: I am the author of this document Location:

Date: 2025.11.19 12:02:16-08'00' Foxit PDF Reader Version: 2024.3.0 5 O.A. 350/00165/2021 with M.A. 350/00395/2021 issued by the Regional Office for Health & Family Welfare. While accepting his offer of appointment, he declared himself as an Indian Citizen whereas his Citizenship Registration certificate was issued on 23.03.1983, which was after he had declared himself to be an Indian Citizen. Subsequently, he applied for appointment in the post of Junior Accountant under National Institute of Homoeopathy and was selected for the said post whereby he requested the authorities to relieve him by allowing him to retain his lien against the post of LDC under NMEP for the period. On 28.04.1987 the Regional Office for Health and Family Welfare relieved the applicant to join National Institute of Homeopathy and he joined the office on 29.04.1987 as Junior Accountant retaining his lien against his previous post. He had also applied to his parent employer on 14.04.1989 to allow him to be retained on lien for a further period of one year upon expiry of service at NIH on lien for two years approved by the parent employer, which was also extended for another one year upto 28.04.1990. Thereafter, on completion of two years of lien and extended period, he exercised his option to be absorbed in NIH or to revert back to his parent Organisation i.e. the Directorate National Malaria Eradication Programme, New Delhi and was permanently absorbed as Junior Accountant under Director, National Institute of Homoeopathy severing his lien with Regional Health and Family Welfare, Calcutta w.e.f. 29.04.1987. Upon being permanently absorbed as Junior Accountant, the Director, National Institute of Homeopathy issued a letter on 20.11.1990 addressed to the Regional Director (HFW), Regional Office for Health & Family Welfare for forwarding the Service Book of the applicant to their office. In reply to the said letter, the Regional Director, HFW forwarded the Service Book and Leave Account of the applicant duly completed upto 28.04.1987 along with a forwarding letter dated Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN= Shantanu Pramanik Pramanik Reason: I am the author of this document Location:

Thus the declaration regarding his place of birth seems to be false. Again, the information provided in Column No. 3(b) against the point 'If originally a resident of East Pakistan/Bangladesh, the address in that country and the date of migration to Indian Union' where Shri Bhowmik has written - Nil. The respondents have also alleged that since the previous service of the applicant is directly related to his present service having been absorbed on deputation, hence the applicant has acquired the service by suppressing the fact that he is a Bangladeshi Citizen and also availed age relaxation while applying for the said post at NIH by virtue of his past service as LDC at NMEP. Hence, in terms of provisions Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN= Shantanu Pramanik Pramanik Reason: I am the author of this document Location:

Date: 2025.11.19 12:02:16-08'00' Foxit PDF Reader Version: 2024.3.0 11 O.A. 350/00165/2021 with M.A. 350/00395/2021 departmental action against him. Hence, he claims that for the ends of justice, his prayer requires to be allowed.
5. Heard the Ld. Counsel for both the parties and perused the materials available on record.
6. It is noted that initially the applicant qualified in Clerk Grade Exam, 1981 conducted by Staff Selection Commission (ER), Kolkata and was appointed at Regional Office of Health and Family Welfare, Govt. of India, Kolkata under NMEP and was subsequently declared as 'Quasi Permanent on 30.01.1987. He resigned from NMEP in April, 1987 and joined National Institute of Homoeopathy which is an Autonomous Organisation after being declared qualified in the selection procedure. A enquiry was conducted towards identity of the applicant during the year 2007. The Regional Director, ROH & FW, Kolkata vide his letter dated 27.07.2007 had confirmed the details which were sought for by the Ministry. Thereafter, during the year 2015, the Director, NIH vide his letter dated 16.10.2015 again sought for certain information towards the identity of the applicant from the Regional Office which was also suitably replied to. Thereafter, nothing transpired. However, a Charge Sheet dated 29.01.2015 was issued by the authorities which was subsequently cancelled and withdrawn. In furtherance to that, another Charge Sheet dated 12.06.2017 was also issued which was also withdrawn and cancelled on 30.11.2018 without any reason. We further find that the matter is under investigation by the CBI and the Court of Ld. Judge, Special (CBI) Court, Alipore, Kolkata is in seized of the matter.