BARRACKPORE MUNICIPALITY Vs. SHIBENDRA NARAYAN ROY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 13th May, 2002 passed by the learned Single Judge in W. P. No. 23851 (W) of 1998.

(2.) THE writ petitioner / respondent was chargesheeted by the Municipality on 17th August, 1998 for alleged defalcation of amount of Rs. 57,237=00 and an amount of Rs. 53,176=00. It was alleged that although the writ petitioner / respondent received from the Municipality an amount of Rs. 3,88,346=00 for disbursement of the pecuniary benefit to the legal heirs of Late Rashmoni Hari, an ex-employee of the Municipality, he neither disbursed the amount of Rs. 53,176=00 nor deposited the same with the Municipality. It was further detected that another amount of Rs. 57,237=00 was not disbursed and was kept in his custody. By two different orders dated 29. 6. 1998 and 13. 7. 1998 the writ petitioner / respondent was directed to show cause as to why disciplinary action should not be taken against him. The writ petitioner / respondent gave replies to such show cause notices, in which he admitted his guilt. The respondent authorities, not being satisfied with the reply to show cause, dismissed the writ petitioner / respondent from service by an order dated 21st September, 1998.

(3.) AN appeal was preferred before the appellate authority and the same was also dismissed by order dated 18. 12. 1998. The writ petitioner / respondent challenged the order of punishment in the writ petition on the ground that no disciplinary proceeding was ever initiated by the Municipal Authority and no opportunity was given to him to defend his case.