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Manoj Kumar Dutta vs The Union Of India And Ors on 8 April, 2021 cites

The Union Of India And 4 Ors vs Ex- Constable Gd Sri Atul Chandra Kalita on 1 February, 2019

10) On the point that the Enquiry Report by respondent no.5 was vitiated by non- appointment of Presenting Officer, it is seen that there is nothing in the CRPF Rules, 1955 which requires appointment of a Presenting Officer. However, the Division Bench of this Court in the case of Ex-Constable GD Atul Chandra Kalita (supra) , had held that non appointment of Presenting Officer had vitiated the Enquiry proceeding in respect of a member of CRPF, which was also followed in the case of Arshad Hussain Laskar. Nonetheless, in this case, it is noticed that the respondent no.5, i.e. the Enquiry Officer acted as the prosecutor against the petitioner. Thus, the learned counsel for the petitioner has been able to show that the Enquiry was vitiated under the principle of bias, which had come into play. Apparently, owing to such bias, the respondent no. 5 did not appreciate the evidence in its correct perspective and the respondent no.4, being the Disciplinary Authority also mechanically accepted the Enquiry Report and punished the petitioner with removal from service.
Gauhati High Court Cites 1 - Cited by 4 - A S Bopanna - Full Document
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