DIPAK KUMAR MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed challenging the order dated 4th March, 2002 passed by the Disciplinary Authority being the learned District Judge, Midnapur.

(2.) The petitioner was a comparing clerk in the Civil Copying Department in the Court of learned District Judge, Midnapur. One Asim Kr. Das lodged a complaint before the Officer-in-Charge of Tamluk Police Station against the petitioner alleged cheating. On the basis of this said complaint G.R. Case No. 294 of 1994 was started against the petitioner before the learned Sub-Divisional Judicial Magistrate, Tamluk. Simultaneously a disciplinary proceeding was also started. The petitioner was suspended with effect from January 5, 1994. The petitioner was served with a show-cause notice and a charge-sheet. Subsequently, however, suspension order has been withdrawn as alleged by the petitioner and the disciplinary proceeding continued along with the criminal case. In the criminal case by judgment and order dated 2.7.2001 the learned Judicial Magistrate, 2nd Court at Tamluk found the petitioner not guilty of the offence and acquitted the petitioner from all the charges. The charges levelled against the petitioner in the criminal case were under sections 406, 420 and 120B of the Indian Penal Code. Though the petitioner was acquitted from the Criminal Court, the departmental proceeding continued. Enquiry was conducted and ultimately final order was passed by the learned District Judge, Midnapur being the Disciplinary Authority on 14.3.2002. The Disciplinary Authority imposed penalty to the extent that next one increment of pay of the petitioner be withheld.

(3.) The petitioner moved this writ petition before the Hon'ble Justice Bhaskar Bhattacharya and as per the leave granted by His Lordship the petitioner filed a supplementary affidavit. In the supplementary affidavit the petitioner annexed the show-cause, charge-sheet, Written Statement, the Enquiry Report and the final order passed by the learned District Judge being the Disciplinary Authority.