TAMAL GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject-matter of challenge in this writ petition is a Judgment and Order dated 8.5.2003 passed in O.A. No. 5667 of 1998 and O.A. No. 1005 of 2001. By the said Judgment and Order the West Bengal Administrative Tribunal (hereinafter referred as the 'said Tribunal') dismissed the application filed by the petitioner.

(2.) The material facts of this case are, that the writ petitioner was appointed on temporary basis to the post of Sergeant in Calcutta Police, some time on 7th September, 1986 and thereafter he joined the regular post of Sergeant after completion of training.

(3.) At the material point of time, the petitioner was posted in Jorasanko Police Station of Calcutta Police. Such posting of the petitioner started in the month of May, 1995. On 8th of July, 1996, the petitioner was arrested in connection with Hare Street Police Station Case No. 315, dated 30.6.1996 under sections 366/376 of the IPC. Thereafter, the petitioner was placed under suspension on 9th July, 1996 in connection with his arrest in the said criminal case. In the order of suspension which was passed in which it was made clear that the continuance of the petitioner in office pending enquiry of his conduct is prejudicial to public interest. There was an order for giving the petitioner subsistence allowance during the period he was under suspension. Thereafter, a charge-sheet was issued against the petitioner for a departmental proceeding and the charge-sheet, issued in the said proceeding being Proceeding No. 46 dated 2.6.1997 is as follows: Charge You, Sergeant Tamal Ghosh of Jorasanko P.S., Central Division are charged with gross misconduct unbecoming of a member of Calcutta Police Force in that: You left Jorasanko P.S. unauthorisedly on 30.6.96 at about 01.00 hours and conducted yourself in an unbecoming manner which led to your arrest by the police in connection with Hare Street P.S. Case No. 315 dt. 30.6.96 under section 366/376 IPC. And detained in custody for 93 days in total i.e. PC/JC. You are, therefore, directed to state in writing within seven days from the date of receipt of these charges whether you plead guilty to the charges or any part thereof or desire to be heard in person. The statement of allegation on which the charges are based is enclosed.