JIBAN CHAKRABORTY Vs. WEST BENGAL STATE ELECTRICITY

JUDGEMENT

(1.) The writ petitioner is aggrieved by the decisions of the disciplinary authority dated February 28th, 2003 and of the appellate authority dated December 28th, 2003, which were given in the disciplinary proceeding initiated against him by the charge-sheet dated August 19th, 1995. The penalty of dismissal from service imposed by the disciplinary authority was affirmed by the appellate authority.

(2.) He was working as a shramik in West Bengal State Electricity Board. In the charge-sheet it was alleged that he along with a Asit Baran Ghosh (a senior assistant working in the board) were caught by the officers of the corporate vigilance cell of the board while receiving bribe from a consumer at his residence on July 21st, 1995.

(3.) He moved a writ petition for stay of the disciplinary proceeding on the ground that the criminal laws were set into motion by FIR dated July 21st, 1995. By an order dated May 27th, 1996 the disciplinary proceeding was stayed. Since the police failed to file any charge-sheet, he was discharged by the Criminal Court. By order dated December 14th, 2000 stay granted in his 1996 writ petition was vacated.