AJOY KUMAR CHATTERJEE Vs. STATE WEST BENGAL

JUDGEMENT

(1.) This is the third writ petition filed by the petitioner questioning the order of termination of his probation during the extended period of probation. Petitioner was appointed on probation to the post of General Manager of Sugar Mill, Ahmedpur on November 15, 1994. The probation period prescribed was for six months, however, the same was extended twice firstly by six months by letter dated June 19, 1995 with effect from May, 1995 and thereafter, by letter dated October 20, 1995 upto March 31,1996.

(2.) During the said period petitioner was issued a show-cause-notice being Annexure P-4 dated November 24, 1995 and on December 12,1995 an order was passed terminating the service of the petitioner with effect from December 12, 1995. Petitioner questioned the said order of termination and by an order of Court dated August 28, 2001 in W.P. No. 1982 of 1998 writ application was allowed holding that even the probationer's service can be discontinued on some other grounds but on such serious charges impugned order could not have been passed without granting the petitioner ample opportunity in appropriate proceedings. The impugned order of termination dated December 12, 1995 was quashed and it was further observed as under:

(3.) Then review application was filed and the same was disposed of by an order dated June 21, 2002 whereby liberty was granted to the petitioner to file his reply to the show-cause-notice dated November 24, 1995, afresh within a period of two weeks from date and respondent authorities to complete the proceedings in accordance with law taking into consideration the said reply. Such decision to be taken within a period of six weeks from date of filing such reply.