PRADIP KUMAR CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court: This application is directed against the order dated 10.5.89 as contained in annexure K to the writ petition whereby and where under the petitioner was dismissed from service as also the order dated 22.8.91 passed by the appellate authority.

(2.) The fact of the matter shortly stated is as follows:

(3.) The petitioner at all material times was working as a clerk attached to the office, of the Sub-divisional Officer, Barasat. Ten criminal cases were instituted against the petitioner at the instance of one Sri Purnendu Bose, Treasury officer in February 1983. The petitioner was discharged from all the aforementioned criminal cases in terms of the provisions of section 167(5) of the Code of Criminal Procedure as no charge sheet was filed within the statutory period. During the pendency of the aforementioned criminal cases, on l8th May, 1983 the petitioner was served with a chargesheet. The petitioner filed an application before the Enquiry Officer for stay of the departmental proceeding but the same was refused. He filed a writ application in this court, but the same was dismissed by an order dated 3.2.84. The appeal as against the said order being FMAT 492 of 1984 was also dismissed by an order dated 15th March, 1984. The petitioner appeared before the Enquiry Officer but did not file his written statement inter alia on the ground that thereby he would be disclosing his defence. On 2.4.84 the petitioner sought for the assistance of a helper stating that he was ill and the petitioner was facing 25 charges. It was further pointed out that the Enquiry Officer is a law knowing person. In answer to the charges that related to forgery of certain bills payable to some pensioners, the petitioner denied the same and raised a contention that the said bills are forged and fabricated. It is the petitioner's definite case that the said bills were written by one Shankar Sen Gupta, LDC. He, therefore, made a prayer that the said bills be sent to the Handwriting Expert that was not considered by the Enquiry Officer. The petitioner has raised also other contentions with regard to the irregularities and/or illegalities in the conduct of the disciplinary proceedings.