KRISHNA PADA CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner has challenged the Order dated August 25, 2011 passed by the West Bengal Administrative Tribunal in O.A. No. 549 of 2010 and O.A. No. 550 of 2010. By the impugned order the West Bengal Administrative Tribunal has dismissed two several applications filed before it. Two dismissed employees of the West Bengal Police Force had approached the West Bengal Administrative Tribunal. Both the petitioners before the West Bengal Administrative Tribunal are before us by filing two separate writ petitions challenging the same Order dated August 25, 2011 passed by the learned Tribunal.

(2.) MR . Neogi, learned Counsel for the writ petitioner contended that there are three articles of charges against the writ petitioner in relation to an incident allegedly took place on March 14, 1998 when the writ petitioner was attached to the Bagdah Police Station. Mr. Neogi submitted that none of the charges was established before the Inquiry Officer on the basis of the materials and evidence on record. It is submitted on behalf of the writ petitioner that a material witness was not examined and the conclusion arrived at by the Inquiry Officer is not based upon the materials and evidence available before it. In relation to the alleged incident occurring on March 14, 1998 for which disciplinary proceedings had been initiated against the writ petitioner, a criminal proceedings was also initiated. Such criminal proceedings has resulted in the acquittal of the writ petitioner. Mr. Neogi referred to the judgment and order dated October 19, 2006 passed by the Criminal Court. Mr. Neogi submitted that by the time the judgment and order dated October 19, 2006 of the Criminal Court had been pronounced by the learned Court, the writ petitioner had been proceeded against departmentally.

(3.) MR . Neogi contended that the Inquiry Officer had submitted a report on March 10, 1999 holding the said writ petitioner guilty of the charges alleged. The disciplinary authority had accepted the report of the Inquiry Officer. The disciplinary authority had thereafter, issued a second show cause notice on April 19, 1999. The writ petitioner had challenged the said second show cause notice before the West Bengal Administrative Tribunal by filing an application being O.A. No. 3325 of 1999. No order was passed therein. The disciplinary authority had passed a final Order on April 25, 2003 dismissing the writ petitioner from service. The writ petitioner had preferred a statutory appeal before the Deputy Inspector General of Police, Presidency Division which was not allowed. The writ petitioner had challenged the final order passed by the disciplinary authority and the subsequent order of the appellate authority before the West Bengal Administrative Tribunal by filing an application being O.A. No. 1537 of 2004. The criminal case initiated against the writ petitioner was disposed of on October 19, 2006. The aforesaid fact was brought to the notice of the learned Tribunal and the learned Tribunal by an Order dated November 16, 2009 disposed of the application of the writ petitioner being O.A. No. 1537 of 2004 by granting liberty to the said writ petitioner to file a review application before the Inspector General of Police, Southern Bengal. The writ petitioner had filed a review application on December 8, 2009. The review application was dismissed on March 14, 2000. Challenging the Order dated March 14, 2010, the writ petitioner had filed another application being O.A. No. 550 of 2010.