LAWS(CAL)-2015-5-78

NIRMAL KUMAR CHANDA Vs. STATE OF WEST BENGAL

Decided On May 12, 2015
Nirmal Kumar Chanda Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This Appeal is directed against the Order dated 12.06.2014 passed by an Hon'ble Single Judge of this Court in WP No. 15750 (W) of 2013 [Nirmal Kumar Chanda Vs. State of West Bengal & Ors.] whereby and whereunder the said Hon'ble Judge dismissed the Writ Petition holding inter-alia that the learned Tribunal had passed the impugned award on proper appreciation of facts and evidence and therefore the same did not call for any interference.

(2.) In the Writ Petition, the Petitioner / Appellant (hereinafter referred to as the Appellant) herein challenged an award dated 17.10.2012 passed in Case No. VIII-01 of 2000 by the learned 5th Industrial Tribunal, West Bengal whereby and whereunder the Charges leveled against the Appellant was held to have been proved by M/s Indian Institute of Technology, Kharagpur (Respondent No. 3 herein) and therefore his dismissal from service was found to be proper and justified. Consequently, the learned Tribunal also held that the Appellant was not entitled to any relief.

(3.) According to the Appellant, he was, at the relevant time, a Lower Division Clerk under the Respondent No. 3 and was posted at the Gate Office. By a notice to Showcause dated 5/4/1995, the Appellant was asked to explain as to why disciplinary action be not taken against him for approaching one Smt. Rani Chakraborty, a Peon in the Deputy Director's Office allowing outsiders to stay in her quarters. The Petitioner filed an explanation on and about 19/04/1995 denying the allegations but without considering the same, the concerned authority placed him under suspension w.e.f 22.06.1996.