STATE OF WEST BENGAL Vs. MANOTOSH

JUDGEMENT

(1.) In 1973, the Respondent joined West Bengal Police as Constable. In 1992 he was promoted as Assistant Sub-Inspector whereas in 1999 he was promoted as Sub-Inspector. In July 2005 he was posted as Sub-Inspector in SOG Unit at Kharagpur under CID department of West Bengal Police.

(2.) On or about December 13, 2005 Radhaballav Mahato of village Goaltore in the district Paschim Medinipur lodged a complaint to the Police that he had received a telephone call from a person claiming to be the CID Officer. Similar telephone call was received by another businessman Nandalal Ghosh of the same locality. The caller threatened them with dire consequence regarding their involvement with Naxalites in the area. The caller however did not disclose his name. They met at Reshma Lodge Midnapore on the next day at 1 p.m. pursuant to the complaint the Police led a trap and arrested the applicant with one Sital Banerjee Assistant Sub-Inspector CID Head Quarter, Bhavani Bhavan, Kolkata. They were subsequently released on personal bond. The authority initiated departmental proceeding against the applicant. They charged the officer on the allegation of extortion. The authority appointed enquiry officer who submitted his final report on February 16, 2007. The authority issued him a second show cause notice which he did not reply. He was asked to attend personal hearing which he failed. The authority passed a final order on March 15, 2007 proposing dismissal from service.

(3.) In this back drop, the Respondent No. 1 filed a tribunal application being O.A. No. 1319 of 2007. The Tribunal disposed of the application vide order dated July 3, 2009, directing the authority to withdraw the order of dismissal from service and treat him as retired compulsorily on and from the date of order of dismissal from service so recorded by the disciplinary authority. The Tribunal also directed extension of financial benefit due to retirement to be given to the Respondent within three months from the date of communication of the said order. Being aggrieved, the State filed the instant application before us.