DEBASIS SUTRADHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On or about 13th June, 1981 the petitioner was appointed as a Constable of the West Bengal State Armed Police. The petitioner was later transferred from the West Bengal State Armed Police to the West Bengal Police. The petitioner has alleged that his wife deserted the petitioner and his two minor sons and a minor daughter, as a result of which the petitioner was put to tremendous mental tension as a consequence of which he fell ill. The petitioner could not attend to his duties from 16th June, 2004 to 8th August, 2004, allegedly on account of illness.

(2.) According to the petitioner, the petitioner made a written representation dated 9th August, 2004 to the Superintendent of Police, Murshidabad explaining his absence and requested the Superintendent of Police to allow the petitioner to join service.

(3.) The prayer was allowed and the petitioner was allowed to join. However, after a preliminary enquiry by the Superintendent of Police, a charge sheet dated 7th September, 2004 was issued to the petitioner along with a statement of allegations. The petitioner was charged with unauthorized absence from 16th June, 2004 to 8th August, 2004 and also with insubordination and/or disobedience of various lawful orders issued by the petitioner's superior between 19th June, 2004 and 20th July, 2004, requiring him to join duty.