STATE OF W B Vs. DULAL CHANDRA MONDAL

JUDGEMENT

(1.) The Judgment/Order dated 14th May, 2004 passed by the West Bengal Administrative Tribunal, hereinafter referred to as' the Tribunal', in O.A. No. 1148 of 2001 has been sought to be assailed by the Petitioner/State of West Bengal & Others.

(2.) Grievances of the petitioners as ventilated in the instant application under Article 226 of the Constitution of India, may briefly be stated as follows:- The respondent while functioning as a Record Supplier in the Directorate of Library Services allegedly took an amount of Rs. 25.000/- on 30.01.1992 from some outsiders by giving them false assurance of employment of their relatives in the Directorate of Library Services. He was served with the charge Memo dated 10.03.1993. Respondent thus wilfully committed an act of gro.ss mis-conduct. On the basis of such charge, enquiry was conducted. Enquiry report was submitted before the disciplinary authority who passed final order of compulsory retirement from service. An appeal was preferred against such final order but in absence of any response, the respondent, as applicant, approached the Tribunal with a prayer for setting aside the impugned order of compulsory retirement dated 04.12.1993. The said application was, however, rejected on the ground that the petitioner made representation without waiting for the requisite period of six months as provided under Section 21 of the Administrative Tribunal Act as also on the ground that it was barred by limitation. He, thereafter, moved a writ application which was registered as WPST No. 450 of 1998 praying for revoking the impugned order of compulsory retirement dated 07.12.1993 as also the order dated 27.02.1998 passed by the Tribunal in O.A. No. 870 of 1997. The Division Bench of this Court by its judgment dated 20.11.2000 in WPST No. 450 of 1998 disposed of the application with the direction upon the appropriate authority to dispose of the petitioner's representation as contained in Annexure to the writ application.

(3.) The authority concerned being the Director of Public Instruction in compliance with the aforesaid order of the Hon'ble Court passed a reasoned order dated 17.04.2001 thereby disposing of the representation with the observation that the punishment, as awarded to the petitioner, is in commensurate with the charge established against him. The final order of compulsory retirement was thereby upheld.