SHYAMANANDA JHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner herein was initially engaged on casual basis in the employment of West Bengal Council of Higher Secondary Education and subsequently he was absorbed on permanent basis as Lower Division Clerk. It has been alleged by the respondent Council that the petitioner was a habitual absentee and on behalf of the respondent it has also been alleged that though the petitioner was repeatedly warned against unauthorised absence and was requested not to abstained from duty but the petitioner ignored the said lawful direction/instruction of the Council and again unauthorisely and irregularly absented himself from duty for a total period of 240 days between November, 1989 and October, 1990 without any prior leave of absence from the Council.

(2.) By Memo. No EST/520/91/90 dated 9.11.90, petitioner was served with a charge sheet by the President of the Council for unauthorisely and irregularly absenting himself from duty. It appears from the said chargesheet that an enquiry was initiated under West Bengal Services (Classification, Control and Appeal) Rule, 1971 and the chargesheet was framed under Rule 10 of the said Rules. An Enquiry Officer was appointed to conduct the enquiry in connection with the said departmental proceeding which was drawn up against the petitioner on the basis of the aforesaid chargesheet. The Enquiry Officer ultimately submitted the Enquiry Report before the Disciplinary Authority. The President of the Council, being the Disciplinary Authority, examined the said Enquiry Report and recorded his observations. Thereafter the Secretary of the Council forwarded the observations of the President together with a copy of the Enquiry Report to the petitioner herein.

(3.) From the observations of the President on the Enquiry Report, it appears that the said President proposed to impose penalty of dismissal of service on the petitioner and the petitioner was asked to submit representation on the punishment proposed by the President as mentioned in the said observations.