SRIDAM CHATTERJEE Vs. WEST BENGAL STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The writ petitioner has questioned the legality, validity and propriety of the charge-sheet, enquiry report, enquiry proceedings, order of removal passed by the disciplinary authority. The writ petitioner was appointed as peon in West Bengal State Electricity Board in 1973 and was posted at Sonamukhi, District -Bankura. Ultimately, he was designated as Record Supplier and was posted at Jaldhaka Hydel Project in the year 1999. In course of his employment, the petitioner was served with a memorandum of charge-sheet under Regulation 61 and 63 of the West Bengal State Electricity Board Employees Service Regulation vide Memo No. AS/V-1332/(GS)/1138 dated 26.06.1999 with as many as 8 charges of gratification which runs as follows.

(2.) The 1st charge-sheet is taking money for giving employment to one Kartik Roy, who is a neighbour of the relative of the writ petitioner. The writ petitioner took the money amounting to Rs. 2000/- in presence of wife and son of Kartik Roy with an assurance to give employment. Since, after taking money, the writ petitioner did nothing. The said Kartik Roy after waiting for a long time, requested the writ petitioner to refund the said gratification money of Rs. 2000/-. Instead of refunding the money, the petitioner manhandled the said Kartik Roy and threatened him with dire consequences of life. Accordingly, he cheated Kartik Roy.

(3.) Charge No. 11 is again taking money from one Sri Santi Ranjan Roy Gupta to the tune of Rs. 3000/-. The said sum was paid by two installments one by Rs. 2000/- and the other is Rs. 1000/-. After making payment, Sri Roy Gupta contacted the writ petitioner regarding his employment at Sonamukhi Construction 'D' Sub-Division Office. The petitioner handed over a letter written on Board's prescribed form bearing No. Cal-1944 BDN-1974 dated 29.03.1994 addressed to Sri Roygupta containing written, information regarding employment of Sri Roygupta under the Board. Being suspicious about the correctness of the letter, Sri Roygupta discussed with some other members of the Board and he came to know that the letter was false and contained wrong information. Later on, petitioner confessed that he typed the said letter privately in order to show Sri Roygupta that his case of employment was under consideration of the higher authority of the Board. The letters wrote by the writ petitioner bears his name as "Chatter]ee Da", "Chatterjee Babu". The writ petitioner also issued hand slips giving false assurance of providing employment under the Board was given to Sri Roygupta and the petitioner, thus, cheated the said Sri Roygupta.