JAGADISH CHANDRA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed assailing the order dated August 5, 2013 (for short, the impugned order) passed by the West Bengal Administrative Tribunal, Kolkata (for short, the Tribunal) in OA 1423 of 2012 (Jagadish Chandra Mondal vs. The State of West Bengal and Ors.)[the Original Application]. The Original Application was dismissed and the order of dismissal of the petitioner from service on the ground of conviction suffered by the petitioner in criminal case, was affirmed.

(2.) The petitioner was employed as constable at Howrah District Police Force. He was then charged with gross indiscipline conduct and dereliction of duty. The petitioner was arrested being involved in P.S. Case No. 4 dated January 22, 1987 and Barrackpore, P.S. Case No. 10 and 11 dated August 28, 1987 under Sections 429, 468, 120B of the Indian Penal Code (for short, IPC) as he forged the Railway warrants during 1984, 1985, 1986 and 1987 in the name of both fictious and genuine persons in his official capacity and wrongly gained money by making false entries in the relevant documents. He remained in custody till May, 1987. Charge sheets was issued.

(3.) The petitioner was also involved in Titagarh, P.S. Case No. 297 dated October 27, 1989 under Section 498A and 306 of IPC as his wife was forced to commit suicide. He was arrested in this criminal case on October 27, 1989 and remained in custody till January 25, 1990. Necessary charge Sheet was filed. He was convicted by learned Second Additional District and Sessions Judge, Barasat, North 24 Parganas and was in custody for the period from September 24, 1992 till November 23, 1992. He was then released on bail on November 24, 1992 granted by High Court and the criminal appeal is still pending.