DILIP MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India against judgment and order dated August 30, 2007 passed by the West Bengal Administrative Tribunal in Original Application No. 1416 of 2004. The writ petitioner was a constable of the Bengal Police. The writ petitioner was posted at Dum Dum under Sealdah Government Railway Police District.

(2.) A chargesheet was issued by the Superintendent of Police, Government Railway Police, Sealdah, on July 3, 2003, against this writ petitioner. He was charged with gross misconduct, indiscipline and dereliction of duty unbecoming of a member of the police force. It was alleged in the charge-sheet that he was unauthorisedly absent from Dum Dum Government Railway Police Station from June 1, 2003 without taking any leave or permission from the Officer-in-Charge or any competent authority. Thus, he hampered the government duties. It was stated that he was a habitual absentee and that several proceedings were drawn up against him, but he did not rectify himself.

(3.) In the statement of charges it was stated that he was unauthorisedly absent from June 1, 2003 till July 28, 2003.