LAWS(CAL)-2009-9-59

ASHOK KUMAR DAS Vs. NATIONAL INSTITUTE OF HOMOEOPATHY

Decided On September 23, 2009
ASHOK KUMAR DAS Appellant
V/S
NATIONAL INSTITUTE OF HOMOEOPATHY Respondents

JUDGEMENT

(1.) This appeal is filed assailing the judgment dated January 30, 2009, delivered in writ application bearing W.P. No. 20913(W) of 2007. By the impugned judgment the above writ was dismissed.

(2.) The facts of the case in brief, as revealed from the writ application, were as follows: Pursuant to an advertisement dated June 15, 1991, published in leading newspapers the applicant submitted his application dated July 5, 1991, for the post of Associate Professor of Organon of Medicine and Philosophy, Chronic Diseases and Psychology in National Institute of Homoeopathy. One of the eligibility criteria for applying in respect of the above post was seven years teaching experience out of which at least four years of teaching experience in the concerned filed as Assistant Professor/Lecturer in recognised Homoeopathy College. In support of teaching experience, the appellant submitted one certificate issued by Bengal Homoeopathic Medical College and Hospital for working as a Lecturer in Organon Medicine, Repertory and Practices since September 26, 1984. The appellant also disclosed in his above application his teaching experience in National Institute of Homoeopathy, Calcutta as a Guest Lecturer in Repertory/Organon of Medicine of Physiology from February 25, 1991. The appellant was appointed in the post of Associate Professor, Organon of Medicine by a letter of appointment dated July 14, 1994. The above appointment was subject to a condition, amongst others, that if any declaration given or information furnished by him was proved to be false or if he was found to had wilfully suppressed any material information, he would be liable to removal from service and such other action as Government may deem necessary.

(3.) On July 11, 1994, a criminal proceeding under section 154 Cr. PC was initiated against the appellant by the Central Bureau of Investigation in the Court of Sub-Divisional Judicial Magistrate, Barackpore, on the ground of submitting false and fabricated certificate in support of his teaching experience for the purpose of getting appointment in the post of Associate Professor under the respondent No. 1. However, the Central Bureau of Investigation submitted final report under section 173 Cr. PC in the proceeding on December 14, 1996.