SADANAND SHUKLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of a proceeding being Special Case No. 01 of 2019 pending before the Learned Special Judge, 4th Special Court, Calcutta arising out of Hare Street Police Station Case No. 139 dtd. 30/4/2019 under Ss. 409/420/467/471/477A of the Indian Penal Code read with 66D/71 of I T Act and Ss. 7, 13(1)(a)(b) and 13(2) of the P C Act.

(2.) The petitioner's case is that he was an employee under Kolkata Port Trust appointed in the year 1980 as a Lower Division Clerk (LDC) after completing all formalities including the written test conducted by the authority of Kolkata Port Trust and worked there very sincerely, honestly with the satisfaction of the authority. But surprisingly the Kolkata Port Trust initiated a Departmental proceeding against the petitioner vide Memorandum No. FA/M/137 dtd. 23/11/1984 and in the said proceeding the petitioner was found guilty and was proposed to impose penalty of removal from service and to that effect under the Statute the competent authority of Kolkata Port Trust issued show cause with a direction to the petitioner to submit against the award.

(3.) After receiving such show cause, the petitioner duly submitted the written statements against the said award to the then Deputy Chairman, Kolkata Port Trust and after going through the records of the proceeding, service records of the petitioner and the relevant documents, the then Deputy Chairman, Kolkata Port Trust reviewed the award for removal from service and passed an award of minor penalty instead of removal from service by withholding of grade increment of two years without cumulative effective vide No. CVO/38/F/Con/1 dtd. 27/4/1988. After the award passed by the then Deputy Chairman, Kolkata Port Trust, the petitioner had been working there and subsequently the petitioner was designated as Accounts Officer, Finance Department under Kolkata Port Trust.