LAWS(CAL)-2020-3-70

DIPANKAR BANDOPADHYAY Vs. DURGAPUR CHEMICALS LTD.

Decided On March 06, 2020
DIPANKAR BANDOPADHYAY Appellant
V/S
DURGAPUR CHEMICALS LTD And ORS Respondents

JUDGEMENT

(1.) The final order dated 30th December, 2015 passed by the Disciplinary Authority, dismissing the petitioner from service, is impugned in the instant writ petition. The petitioner challenges the said order of dismissal inter alia, on the grounds of bias, perversity of evidence, non-application of mind and mala fide on the part of the respondents.

(2.) The petitioner was serving as Assistant Engineer (Chemical) in Durgapur Chemicals Ltd. hereinafter referred to as "the Company". On 11th November, 2010 when the petitioner went to the plant laboratory of the Company at about 10:40 a.m. he was assaulted by some other officers of the Company. According to the petitioner he was severely beaten and harassed, both physically and mentally. The petitioner had to be treated by the in-house doctors of the hospital of the Company. He drew attention of the Director-in-Charge of the Company by a letter dated 11th November, 2010 and also lodged a police complaint on 15th November, 2010.

(3.) The petitioner was served with a charge sheet-cum-suspension order dated 13th November, 2010 in view of the incidents which took place on 11th November, 2010. The petitioner controverted the allegations made in the aforesaid charge sheet by his letter dated 16th November, 2010. A supplementary article of charges was issued against him on 19th November, 2010. The petitioner replied to the supplementary charge sheet by his letter dated 6th December, 2010.