SISIR SONAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner was a Sub Inspector with the West Bengal Police. He was dismissed from service after a departmental enquiry on 29 November, 2003. He preferred an appeal before the Appellate Authority, which was dismissed on 6 January, 2004. It appears that the Petitioner called upon the Respondents to rectify the injustice done to him and to reinstate him. He also submitted an application for review under the Police Regulations of Bengal, 1942, in 2007. On 6th August, 2008 he submitted an application to the National Commission for Scheduled Castes constituted under Article 338 of the Constitution of India. The National Commission for Scheduled Castes on 14th January, 2011 recommended that the matter should be discussed between the I.G.P., C.I.D., West Bengal and the Additional Chief Secretary, Govt. of West Bengal, Home (Police) Department in order to settle the grievance of the Petitioner. It also recommended that in case this was not possible, the Petitioner could be given compulsory retirement so that he would be entitled to his retiral benefits. It appears that the Respondents did not accept the recommendation and communicated that to the Petitioner on 8 December, 2012. The Petitioner then submitted a representation through his Advocate to the Respondent Nos. 6 and 7, the Special Superintendent of Police, C.I.D., Govt. of West Bengal and the Deputy Inspector General of Police (Special) C.I.D., Darjeeling, seeking redressal of his grievance. As there was no communication from them, the Petitioner filed Original Application No. 1165 of 2013 on 18 September, 2013 before the West Bengal Administrative Tribunal. The Petitioner was directed to file an application for condoning the delay in filing the Original Application. The Tribunal heard the Miscellaneous Application filed by the Petitioner, being M.A. No. 26 of 2014 and dismissed the same on 21 April, 2014. The Tribunal was of the view that the limitation prescribed under the Administrative Tribunals Act, which is of one year, and a further six months in case a representation is made, could not be overcome by the Petitioner by contending that he had moved the National Commission for Scheduled Castes which recommended his case to the Respondents.

(2.) The learned Counsel for the Petitioner has submitted that in view of the provisions of Article 338 of the Constitution of India read with Article 309, the recommendations made by the Commission are binding on the Respondents. He further submits that the delay, if any, in filing the Original Application before the Tribunal was because of the fact that the Petitioner had accessed his remedy before the National Commission and, therefore, the delay should be condoned. He has relied on a judgment of the Supreme Court in the case of Oriental Aroma Chemical Industries Limited vs. Gujarat Industrial Development Corporation & Anr., 2010 4 WbLR 150.

(3.) The order, which was challenged before the Administrative Tribunal by the Petitioner, is one which dismissed him from service after holding a departmental enquiry. There is nothing to suggest in the order that it was a slur on the Petitioner for belonging to the Scheduled Castes community. The duties of the National Commission, as stipulated in Article 338 Clause 5 of Constitution of India, are to investigate and monitor all matters relating to the safeguards provided to the Scheduled Castes under the Constitution or under any law for the time being in force or under any Government order and to evaluate the working of such safeguards. The Petitioner has, at no stage, alleged that it was because of his Caste that he was targeted by the Authorities. The recommendation made by the National Commission cannot not hamper or in any manner be a fetter to the jurisdiction of the Administrative Tribunal.