Kalyan Jyoti Sengupta, J. - (1.) The Court: By this writ application the petitioner has challenged the disciplinary proceedings, report of the Enquiry Officer and the order of dismissal both of the disciplinary authority as well as the Appellate Authority. The fact of the case is shortly put hereunder: On or about 1st November, 1983 the petitioner was appointed as Food Inspector in the Health Department of the Kolkata Municipal Corporation (hereinafter referred to as the said Corporation). His area of working was also stipulated in a gazette notification on 20th September, 1986, namely Borough- IX under the said Corporation.
(2.) On or about 30th June, 2000 he was served with a charge-sheet with the imputation of the misconduct that he is alleged to have demanded a sum of Rs. 10000/- from the shop owner, namely 'Mouchak' at 6/1, Achraya Jagadish Chandra Bose Road, with a threat that if the aforesaid amount was not paid, he would submit an adverse report against the shop. The owner of the shop is alleged to have offered to pay and in fact paid a sum of Rs. 5000/- as first instalment of the aforesaid demand and assured to pay the balance amount of Rs. 5000/- later on. Therefore, on the allegations of demanding and receiving illegal gratification the petitioner was proceeded with. Before issuance of the charge-sheet of course the petitioner was put under suspension for the purpose of investigation and enquiry was also conducted.
(3.) The petitioner of course denied and disputed the charges, enquiry officer was appointed for holding the inquiry not having satisfied with the explanation and reply to the charge-sheet. Apart from denying and disputing alleged misconduct the petitioner also took a plea of alibi that he had no occasion to visit the said sweet shop, as the same did not fall within his area of work and it falls under Borough-II . He moreover at that relevant point of time was entrusted to discharge another duty to collect samples of food articles from a restaurant of a different place.;