SWADESH MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the State.

(2.) The petitioner was the applicant before the West Bengal Administrative Tribunal (hereinafter referred to as the S.A.T.). He has been visited with a punishment withholding two of his annual increments that also with non-cumulative effect. The punishment awarded in the proceedings has been upheld in appeal as also by the S.A.T. in the proceedings arising out of O.A. No. 296 of 2012.

(3.) The brief factual background is being noted for easy reference. The petitioner, a Constable, was assigned duty near a market in Sealdah in the city of Kolkata along with one Assistant Sub- Inspector (A.S.I.). A complaint was received from the businessmen in the market in front of which the petitioner was posted along with the A.S.I. that they have indulged in demanding of illegal gratification from the trucks carrying the material to the market from other States. The same led to issuance of a charge memo dtd. 19/1/2010 against the petitioner and thereby initiation of proceedings. The charge memo clearly specifies that the petitioner is charged with asking the four truck drivers of trucks whose registration number has been specified in the charge memo to park their vehicles by the side of the road and that later the petitioner has demanded money from the drivers and intimidated them for initiating prosecution under grievous Sec. of law if they do not fulfil the demand for illegal gratification.