MD. MUSTAFA Vs. KOLKATA PORT TRUST

JUDGEMENT

(1.) The moot question that has cropped up for consideration in this writ petition is the parenthood of the writ petitioner, i.e., whether he is the son of late Md. Idris who was an employee of the respondent no. 1 organisation.

(2.) The petitioner has althrough claimed himself as the son of late Md. Idris who was an employee of the Kolkata Port Trust. His father's family consisted of himself, his predeceased wife and the writ petitioner. After the death of Md. Idris the petitioner filed an application for settling the dues as well as for an employment on compassionate ground. The petitioner states that the Port Trust authorities requested the District Magistrate and the Police authorities of Bhagalpore to ascertain the particulars of the petitioner and after getting the report and confirming the credentials the authorities registered the name of the petitioner for the death-in-harness category. Ultimately he was appointed an A category porter on July 10, 1991.

(3.) About 16 years later the disciplinary authority had placed the petitioner under suspension. This was followed by a Memorandum of Charge which inter alia alleged that the petitioner secured employment by impersonating him as the son of late Md. Idris and thus he exhibited lack of integrity. This in turn was followed by a departmental enquiry.