PALASH KUMAR SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) We have heard the learned Counsel for the parties. By this petition the order of the West Bengal Administrative Tribunal, Calcutta Bench dated 19th March, 2009 has been challenged by the petitioner. The Original Application No. 1330 of 2002 has been dismissed by the Tribunal. The brief facts leading to the present case are as follows:-

(2.) The petitioner was employed as a "Syce" with the Calcutta Mounted Police since 1st January, 1996. He was charge-sheeted on 9th November, 2000 for unauthorised absence on several occasions between April, 2000 and September, 2000. A disciplinary enquiry was held against the petitioner in which he participated. He produced documents which were outpatient records of a hospital which according to him showed that his mother was ill. The petitioner claimed that it was because of his mother's illness that he had remained away from work and could not report for duty.

(3.) The Enquiry Officer held that the petitioner was guilty of the charges levelled against him. The Disciplinary Authority after considering the report of the Enquiry Officer and the past service record of the petitioner directed him to show cause as to why he should not be dismissed from service by an order dated 6th December, 2001. After considering the petitioner's reply, the Disciplinary Authority issued the order of dismissal for gross misconduct unbecoming of a member of a disciplined force. A period of 56 days of unauthorised absence was directed to be treated as extraordinary leave.