GOUR HARI KAYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in the application has challenged the order passed in 9th September, 1997 in T. A. No. 262 of 1996 by the learned State Administrative Tribunal dismissing the prayer for quashing the order of dismissal of the petitioner from service.

(2.) The petitioner has stated that in 1966 he was appointed as helper majdur in the Transport Department under the State. In the year 1991 while working he became seriously ill. The authorities after considering his case posted him temporarily for a period of three months at Diamond Harbour. Thereafter, he rejoined at Lake Garage. However, his health did not improve. He became a psychiatric patient. It is stated that the doctor advised him to do light job and not to undertake long journey. He prayed before the authorities for examination by a medical board. It appears that in the meantime he had obtained the loan of Rs. 51,700/- for purchasing a ready-built house on condition that he shall deposit the deed with the authorities. It also appears during this time due to prolonged indisposition the petitioner was unable to attend office. The authorities drew up proceedings on two charges - misappropriation of the loan amount and unauthorized absence - with which we shall deal with later. The proceedings were conducted and concluded allegedly behind the back of the petitioner. The petitioner was held guilty on both the charges and was dismissed from service.

(3.) Being aggrieved, the petitioner challenged the order of dismissal by filing a writ petition. During its pendency the State Administrative Tribunal was set up, to which it was transferred. The Tribunal by its order held that the petitioner had misappropriated the loan amount and the absence of the petitioner was unauthorized and upheld the order of dismissal.