APU KARMAKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Judgment of the Court was as follows:

(2.) Mr. Ray has made a frantic effort to challenge the order of the Tribunal. According to him, the Tribunal should have called for the records to satisfy themselves as to whether the payment of one month salary was in fact made or not. He has relied upon two Apex Court decisions in the case Senior Superintendent, R.M.S. Cochin & Anr. v. K.V Gopinath, Sorter, 1973 3 SCC 867and Raj Kumar v. Union of India and Ors., 1975 3 SCC 458to support his contention that mere payment of one-month salary at a later stage would not satisfy the requirement of law as it must be made simultaneously with the order of discharge. He also relies an unreported Division Bench decision of our Court in the case of Shri Samir Karati v. The State of West Bengal & Ors. (W.P.S.T. 589 of 2004) in this regard.

(3.) Mr. Ray contends that he was constantly writing to the CRPF. Authority for his discharge either personally or through his Advocate. He was expecting an order of discharge from the CRPF Authority, hence he did not think it relevant to disclose such fact before the Kolkata Police Authority at the time of entry in service. He was not aware of his dismissal prior to filing of the petition before the Tribunal. According to Mr. Ray, such mistake committed by the petitioner must not be fatal and must not take away his means of livelihood so guaranteed by the Constitution, more particularly under Article 21 thereof. He has relied on a latest Apex Court decision in the case of Commissioner of Police and Others v. Sandeep Kumar, 2011 3 JT 484.