LAGAN CHANDRA PANDEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner is a constable who was charge-sheeted for having been absent from duty. After an enquiry was held he was dismissed from service. The Petitioner was sanctioned leave for twenty days from 7th October, 2004 to 27th October, 2004 because his son was seriously ill. According to the Petitioner, after his son recovered, he fell ill and was hospitalized in Durgapur. The Petitioner has also contended that his father suffered a serious illness and, therefore, all these illnesses in the family prevented him from joining duty.

(2.) The Petitioner did send photocopies of an OPD ticket to the Respondents for extension of the earned leave granted to him as the doctor had advised him complete rest. It appears after that the Petitioner did not join duty at all even after he recovered nor did he send a fitness certificate to the Respondents.

(3.) A charge-sheet was issued to the Petitioner on 1st February, 2006 alleging that he had committed acts of misconduct by remaining absent unauthorisedly which amounted to gross dereliction of duty. An enquiry was instituted against the Petitioner. As the Petitioner did not attend the enquiry, the Enquiry Officer proceeded ex parte and found that the Petitioner was guilty of the misconduct alleged against him.