SACHINDRA NATH MAHAPATRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a Rule obtained by the petitioner for quashing an order of dismissal from his service in writ jurisdiction of this Court.

(2.) The petitioner served as a Constable for more than 11 years under the West Bengal Police. While he was attached to the Dubrajpur Police Station in the district of Birbhum he was charged with gross misconduct unbecoming of a Police Officer. The charges briefly were firstly, outraging the modesty of a woman, secondly of assaulting a Dafadar and thirdly, demanding illegal gratification from few Ricksaw Paddlers of Dubraipur. An enquiry proceeding was started by one Mr. D. N. Panda, the then Superintendent of Police, Birbhum, but as he was subsequently transferred, one Mr. J. Barman who came in his place proceeded with the enquiry and found that the first and the third charges were proved. The petitioner was not dismissed as "considering the hard days and also his service records" he felt inclined "to give him a chance to rectify himself, and accordingly imposed on November 17, 1965, a penalty of reduction of Rs. 4/- from his pay per month for a period of three years from 18-11-65 without affecting his future increments and service. The petitioner did not prefer any appeal but suffered the penalty.

(3.) Thereafter, one Mr. D. Dhar, Deputy Inspector General of Police, Burdwan Range, again issued a show cause notice on May 16, 1967, upon the petitioner in exercise of his revisional power against his proposed punishment of dismissal from his service agreeing with the finding of Superintendent of Police on the identical charges Nos. I and III. Although the petitioner submitted an explanation, Mr. Dhar dismissed him from his service. An appeal preferred by the petitioner against the order of dismissal was also dismissed by the Additional Inspector General of Police. That is how, in short, the petitioner felt aggrieved and obtained the present Rule.