SAJAL KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner has challenged the decision of the West Bengal Administrative Tribunal in O.A. No. 720 of 2013 dated 13th December, 2013. This case has a chequered history. The Petitioner was working with the West Bengal Police as an Assistant Sub-Inspector. A criminal case was registered in which the Petitioner was implicated for having committed offences punishable under sections 395/397 of the Indian Penal Code. This case was initiated on 1st November, 2000. A departmental enquiry was also started against the Petitioner on 6th December, 2000. He was issued a charge-sheet. An Enquiry Officer was appointed, who held the enquiry and submitted his findings on 17th April, 2002. The Disciplinary Authority accepted the Enquiry Officer's findings that the Petitioner was guilty of the charges levelled against him.

(2.) By an order dated 21st December, 2002 the Disciplinary Officer dismissed the Petitioner from service. Aggrieved by that order the Petitioner preferred a statutory appeal. That appeal was dismissed and the order of the Disciplinary Authority was confirmed on 4th March, 2010.

(3.) The Petitioner was acquitted in the criminal case on 28.01.2011. He submitted a representation to the Authorities for restatement in service on the ground that his acquittal by the Criminal Court absolves him of the alleged misconduct.