STATE OF WEST BENGAL Vs. SANKAR GHOSH

JUDGEMENT

(1.) The Respondent No. 1, a Sepoy of 2nd Battalion, Kolkata Armed Police (since dismissed from service) when working on deputation in the Traffic Department of Kolkata Police faced a departmental proceeding being Proceeding No. 67 of 1st June, 2004 on the allegation that on 26th November, 2003 he was arrested in connection with Khardah P.S. Case No. 383 dated 12.11.2003. The Disciplinary Authority initiated the disciplinary proceedings against the Respondent No. 1 upon serving the Memo of charges along with the statement of allegations and list of witnesses. The Respondent No. 1 participated in the disciplinary proceedings.

(2.) In the present case, departmental enquiry and criminal proceedings initiated against the Respondent No. 1 are based on similar set of facts. In the disciplinary proceedings, the Respondent No. 1 was found guilty and the Disciplinary Authority passed the final order imposing punishment of dismissal from service which was subsequently, affirmed by the appellate authority.

(3.) The employee concerned namely, the Respondent No. 1 was, however, acquitted in the criminal trial by learned Sessions Judge, Barrackpore. After the aforesaid acquittal in criminal trial, Respondent No. 1 claimed reinstatement in service. The Commissioner of Police, Kolkata did not pass appropriate order directing reinstatement of the said Respondent No. 1 in service.