SHYAMALENDU DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed challenging the order dated 20.01.2009 passed by the Learned West Bengal Administrative Tribunal in O. A. No. 1408 of 2004 whereby and whereunder the Learned Tribunal was pleased to dismiss the application field by the petitioner, Shyamalendu Das on merits.

(2.) From the records we find that the petitioner herein faced departmental proceedings on the charge of his unauthorised absence from duty on several occasions and lastly the departmental proceedings against him ended with an order of dismissal recorded by the Disciplinary Authority on grounds of unauthorised absence. In course of argument before the Learned Tribunal the Learned Lawyer for the petitioner made submissions regarding extreme punishment imposed upon the petitioner which was claimed to be disproportionate to the charge. Learned Lawyer for the State on the contrary has also claimed maintainability of the application on the grounds of limitation as well as argued justifying the extreme penalty imposed upon the petitioner herein. But the Learned Tribunal has upheld the penalty imposed by the Disciplinary Authority.

(3.) Learned Tribunal has held, inter alia, that in the past the petitioner made no attempt to satisfy the authority regarding his ground of absence on several occasions which resulted in his punishment without any rectification on his part. Therefore, as a member of the police force without any sense of strict standard of discipline he has repeatedly made himself absent from duty for which the disciplinary authority imposed extreme penalty of dismissal of service on the last occasion which is neither unjust nor disproportionate to the charge levelled against him. Therefore, the Learned Tribunal has refused to interfere with the penalty imposed upon the petitioner herein.