- (1.) This writ petition has been filed assailing the judgment and order dated 25 th June, 2009 passed by the West Bengal Administrative Tribunal in case No. O.A. 301 of 2006 whereby and 2 whereunder the said learned Tribunal was pleased to set aside the order of dismissal issued against the employee concerned namely, the respondent No. 1 herein and directed the concerned authority to reinstate the said respondent No. 1.
(2.) It appears from the available records that the respondent No. 1 being a Constable of Kolkata Police faced a departmental proceeding on the allegation that he robbed Rs. 10,200/- from the possession of one Md. Kuddus Ali by assaulting him with fists and blows and putting him in fear of instant death. A criminal case was recorded against the said Constable namely, the respondent No. 1 herein being Hare Street Police Station Case No. 430 dated 6 th July, 2000 under Section 392 I.P.C. and the said respondent No. 1 was also arrested in connection with the aforesaid criminal case. The disciplinary authority initiated the disciplinary proceedings against the respondent No. 1 and the said respondent No. 1 participated in the disciplinary proceedings.
(3.) In the present case, departmental proceedings and the criminal case are based on same set of facts and identical charge. The criminal case initiated against the respondent No. 1 was finally disposed of by the learned Metropolitan Magistrate, 5 th Court, Calcutta on 4 th May, 2002 wherein the respondent No. 1 was held not guilty of the offence under Section 392 I.P.C. and was, 3 therefore, acquitted on contest. However, in the disciplinary proceedings final order was passed by the disciplinary authority namely, Deputy Commissioner of Police, North and North Suburban Division, Kolkata on 24 th May, 2005 imposing punishment of dismissal from service which was also affirmed subsequently by the appellate authority.;