PALASH RANJAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner was a ?constable? attached to State Armed Police. While he was working under the Battalion at Barrackpore, he got friendly with one of his colleagues, Smt. Pampa Saha. In course of time the acquaintance became intimate.

(2.) THEY were regularly meeting, at least Sudipta Das one of their fellow colleagues deposed to that extent. THEY were meeting at the residential quarter of Sudipta. Palash established physical relationship with Pampa assuring to marry her. THEY spent night on December 20 and 21, 2005 at the said residential quarter of Sudipta. Subsequently, Palash backed out from his promise and married another girl on February 07, 2006. Pampa lodged a complaint with the Commandant. She prayed for justice. The Commandant got the said complaint registered with the local Police Station and a criminal case was initiated under Section 376 of the Indian Penal Code against Palash. Subsequently, Pampa did not want to pursue her complaint and filed a declaration in the form of affidavit before the learned Magistrate. As per the declaration, Pampa wanted to withdraw her complaint. Accordingly the learned magistrate discharged Palash from the criminal case. The Authority was, however, serious on the issue. THEY issued a charge sheet dated May 10, 2006 and proceeded against Palash departmentally. Pampa adduced evidence to support the prosecution case as prosecution witness No. 1. Sudipta corroborated the case made out by Pampa as prosecution witness No. 3. The Enquiry Officer found the charges to have been proved as against Palash. The Authority ultimately dismissed him from service. Palash did not prefer any statutory appeal, instead approached the Tribunal as against the order of dismissal. The Tribunal, however, entertained his application and decided on merit. The Tribunal ultimately dismissed his application by holding, since the criminal Court did not record any observation on merit, the finding of the Enquiry Officer could not be disturbed.

(3.) ELABORATING her argument Ms. Bhattacharjee relies upon the following decisions :- i) Manager, Reserve Bank of India, Bangalore Vs. S. Mani, reported in (2005) 5 SCC 100. ii) Southern Railway Officers Association Vs. Union of India & Ors., reported in (2009) 9 SCC 24. iii) S. Govinda Menon & Anr. Vs. Union of India & Ors., reported in AIR 1967 SC 1274.