SIRAJUL HAQUE MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The challenge in this petition is to the decision of the West Bengal State Administrative Tribunal, Calcutta Bench in OA No. 1363 of 1997. The petitioner was appointed as Sepoy on Calcutta Police and joined the service on 25-01-1988. The Dy. Commissioner of Police issued a charge sheet against the petitioner on basis of the materials on record on 11-08-1995 along with a statement of allegation, alleging therein that after completion of his training he failed to prove himself fit for confirmation. Though, he was given two chances to fit for confirmation as per Regulation 51(3), chapter XV of P.R.C. The petitioner was provisionally discharged by the Order of Dy. Commissioner on 17-03-1997. The Joint Commissioner of Police affirmed the Order and discharged the petition from service. Then the petitioner preferred an application under section 19 of the Administrative Tribunals Act, 1985, which was also dismissed by the said tribunal.

(2.) The application, however, has been opposed by the respondent authority by filing a reply, before the West Bengal State Tribunal denying all the materials allegations of the petitioner. It has been contented on behalf of the respondents that the petitioner was a habitual absentee from duties and he was thoroughly in disciplined in his conduct and his service record will clearly indicate that he never cared for obeying the Rules and regulations and the promises that was given by him to the concerned authority, and upon establishing the in disciplined conduct of the petitioner, and that he also failed to qualify himself for confirmation, he was discharged from the service in terms of Regulation 51(3), of chapter XV of P.R.C.

(3.) However, in the instant case the petitioner has challenged the Order of discharged passed by the D.C. Head Quarter and the appellate Order subsequently confirmed by the Joint Commissioner of Police and also the Order of West Bengal State Administrative Tribunals by which his application under section 19 of Administrative Tribunals Act was dismissed.