SHIBENDRA NARAYAN ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner was a clerk in Barrackpore Municipality. He was entrusted to disburse pecuniary benefits to the retired employees of the municipality. From time to time he was entrusted with funds by the municipality for the said purpose.

(2.) On a complain received by the municipality from one Rajendra Hari, claimant as the legal heir of Late Rashmani Hari, an ex-employee of the municipality to the effect that the pecuniary benefit was not being disbursed properly, the writ petitioner was charge sheeted by the municipality on 17th August, 1998. It was alleged that out of a sum of Rs.3,88,346/- paid to the writ petitioner by the municipality a sum of Rs.53,176/- was neither disbursed nor deposited with the cashier of the municipality. It was further revealed that a further sum of Rs.57,237/- was also not disbursed by the writ petitioner and was kept in his custody. For non-deposit of the said sum of Rs.57,237/- and Rs.53,176/- and keeping the same in his personal custody the writ petitioner was charged for serious misconduct, breach of trust and failure to maintain proper standard and discipline and integrity and even to the duty un-becoming of a municipality employee. The writ petitioner replied to the said notice to show cause on 24th August, 1998. Being dissatisfied with the reply to show cause the writ petitioner was dismissed from service by an order dated 21st September, 1998 appearing at page no.26 of the writ petition which has been impugned herein.

(3.) An appeal to the Chairman of the concerned municipality was also rejected by an unanimous resolution adopted by the councilors of the municipality.