HONORARY SECRETARY, ZOOLOGICAL GARDEN Vs. ABDUL GAFFAR

JUDGEMENT

(1.) This appeal was filed impugning the judgment and order dated October 10, 1991 passed by Mahitosh Majumdar, J. (as His Lordship then was). It was passed on the writ petition filed by Respondent No. 1 herein. Respondent Nos. 2, 3 and 4 in the said writ petition are the Appellants.

(2.) Said writ petition was registered as Civil Order No. 11701(W) of 1987. The writ petition was allowed in part by the impugned judgment and order. The order whereby Respondent No. 1 had been dismissed from service as also the enquiry proceedings were set aside, with liberty to the Appellants to proceed with the charge -sheet afresh.

(3.) The Respondent No. 1 was a Drawn of the Zoological Garden at Alipore in Calcutta. Pending action for alleged misconduct he was suspended from duty with effect from January 3, 1985. The allegations were that while on duty at the turnstile on January 2, 1985, at 10 a.m., he had collected the tickets from the visitors, and instead of tearing each of such tickets into two halves for returning one piece to the visitors and preserving the other piece in the drum kept at. the gate for the purpose, he kept the tickets in intact condition with himself by putting them inside the pockets of the dress he was wearing ; and such intact tickets numbering 176 were seized from his possession when he was caught and produced by the two constables, who were on duty at the main gate, before the Garden's Deputy Superintendent. It was further alleged that the Respondent No. 1 had kept the seized tickets in his possession for the purpose of re -selling them for making personal gains and causing positive revenue loss to the Garden.