- (1.) The petitioner in this WPST under Art. 226 of the Constitution of India dated September 23, 2009 is questioning an order of the West Bengal Administrative Tribunal dated May 18, 2009 dismissing his O.A. No. 1849 of 2004. The petitioner was working in the Kolkata Armed Police Force as a Sepoy. Disciplinary proceedings were initiated against him by issuing a charge-sheet dated October 17, 2003 (WPST p. 88).
(2.) The allegations made in the charge-sheet dated October 17, 2003 are quoted below:-- "1. You were found unauthorisedly absent from govt. duties & from Company lines on the following dates: a) On 5.8.2003, b) from 6.8.03 to 1.9.03, c) from 5.9.2003 to 7.9.2003, d) on 10.9.2003 e) 11.9.2003, f) from 16.9.2003 to 26.9.2003, g) from 29.9.2003 to till date. 2. You were directed to be put up before D.C. Hqrs. in his O.R. on 16-9-03 vide CRM No. 1775 D/- 15-9-2003, on 19-9-2003 vide C.R.M. No. 1920 DA 16-9-2003 and on 13-10-2003 vide CRM No. 820 D/-10-10-2003, but you failed to attend the same and thereby violated the Orders and discipline. 3. You are in the habit of absenting yourself without any intimation or permission frequently. Due to this, you had already been awarded 19 punishments including one Major punishment, but you failed to rectify yourself. 4. Five (5) Warning notices were sent to you through your local P.S. so far directing you to return & resume your duties but you disobeyed them."
(3.) On November 3, 2003 the petitioner reported for duty. He submitted his reply to the charges. A copy of the reply has not been produced with the WPST. But in his findings the officer conducting the inquiry recorded that he "categorically accepted and agreed to all the charges and the allegations levelled against him with a prayer for consideration due to certain family problems arising out of his father's illness.";