SURAJIT BALA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On or about September 28, 2000, Surajit Bala, Dinabandhu Sarkar and Niranjan Roy were appointed Constable. After provisional appointment being given they were directed to proceed for training. They were asked to join Darjeeling Police line after appropriate verification. On September 27, 2000, they were directed to report at S.T.C. Kasba, Raigunge for undertaking basic training under the escort of Constable No. 596 - Ranabir Talukdar, a fellow constable. Records revealed that the Petitioners, under the escort of Ranabir, hired a transport for going to Kasba. On the way to Siliguri at Pankhabari Road they noticed one gunny bag lying on the road. Ranabir, on his own accord, picked it up and assured the Petitioner that he would deposit the same to Siliguri Police Station. When the vehicles stopped near Railway Quarter, the local people, numbering about forty, surrounded the vehicle and enquired of the contents of the bag. Ultimately, they were all handed over to Police on the charge of attempting to sell smuggled goods. The authority conducted a discreet enquiry and, ultimately, served show cause notice dated November 6, 2000 upon the Petitioners. Three Petitioners gave separate reply. As per the reply of Surajit, when they were on the way, another constable Kailash Roy of 12th Battalion, Dabgram boarded the Maruti Van by which the Petitioners were travelling. Later on it revealed, Kailash was the elder brother of Niranjan Roy, one of the recruit constables being Petitioner No. 3 above named. Ranabir and Kailash stopped the vehicle after noticing the gunny bag and loaded it on the van on the assurance that they would deposit the same to Siliguri Police Station. On reaching Mallaguri, Kailash got down from the vehicle, and came back after few minutes. After reaching Siliguri, the vehicle, without going to the Police Station, went to Tikiapara Railway Quarter and unloaded the bag with the help of one Sailen Roy, another constable, posted at Bagdogra I.C. Facts revealed that Sailen was related to Kailash and Niranjan. When they were unloading the bag, the local people surrounded the vehicle and ultimately all of them were handed over to the Police. According to Surojit, he was not involved in the incident, so were the other two constables. They were all along sitting in the vehicle and did not know what had transpired between Ranabir, Kailash and Sailen. He became the victim of circumstance.

(2.) Dinabandhu Sarkar, by a separate reply, almost towing in the line of Surojit, explained how he also became a victim of circumstance. These two replies were verbatim reproduction of each other save and except minor change.

(3.) The Enquiry Officer conducted the enquiry affording adequate opportunity to the delinquent constables to defend themselves in the said proceedings. The Petitioners could get hold of a letter from M/s. Kithania Trade Centre of Mahabirsthan, Siliguri to the effect that they were the owners of the gunny bag in question, which was lost in transit. Upon getting the information they went to the Police Station and got back the seized goods after full verification by the Police. They also thanked Sailen Roy for lifting the goods and depositing it with the Police Station. The Petitioners suffered the order of discharge from service, as they were all found guilty of the charges. The Authority invoked the power to discharge them summarily as they were under provisional appointment and were yet to be confirmed warranting a regular departmental proceeding being had.