- (1.) This is an application under Article 226 of the Constitution of India against judgment and order dated March 30, 2009 passed by the West Bengal Administration Tribunal in Original Application No. 1313 of 2006.
(2.) The writ petitioner was a constable in West Bengal Police. A disciplinary proceeding was initiated against him. After a purported enquiry, the disciplinary authority, that is, the Superintendent of Police, by order dated June 6, 2005 dismissed him from service.
(3.) The writ petitioner preferred an appeal before the appellate authority. The appellate authority, that is, the Deputy Inspector General of Police, by order dated October 26, 2005, modified the order of the disciplinary authority and imposed punishment of reduction of basic pay of the delinquent employee from Rs. 3,300/- (Rupees three thousand and three hundred) only to Rs. 3,000/- (Rupees three thousand) only. It was held that his period of unauthorized absence on December 2, 2004 should be treated as extraordinary leave. Consequently, the appellate authority reinstated the delinquent constable in service with effect from the date of the dismissal, that is, on June 6, 2005. The period from June 6, 2005 till his joining duty should be treated as extraordinary leave.;