LAWS(CAL)-1992-3-18

ASHOKE KUMAR CHOWDHURY Vs. CALCUTTA PORT TRUST

Decided On March 19, 1992
ASHOKE KUMAR CHOWDHURY Appellant
V/S
CALCUTTA PORT TRUST Respondents

JUDGEMENT

(1.) I am of opinion in this matter that the respondents need not be called upon to reply. This is an application for quashing of an order of dismissal dated 14.8.1987 dismissing the writ petitioner from the service of the Calcutta Port Trust on grounds of defalcation of money and unauthorised leave.

(2.) The facts of this case are that the writ petitioner was handed over a sum of Rs. 5,06,984.33 for the purpose of disbursement of moneys against bills for the month of January, 1986. The writ petitioner is said to have made certain disbursements, and kept balance cash moneys and bills against which payments had been made, locked in his cage on and from the 31st January, 1986.

(3.) The show-cause notice regarding the enquiry to be held further states that from the 1st February, 1986 the writ petitioner started to absent himself. As port employees who had not collected payments were pressing for payments, the cage in which the moneys and bills in the custody of the writ petitioner were kept had to be opened, and the same could not be done as the writ petitioner continued with his absence.