- (1.) This writ petition has been filed assailing the judgment and order dated 16th August, 2012 passed by the West Bengal Administrative Tribunal in the case being O.A. No. 1391 of 2003 whereby the said learned Tribunal disposed of the application filed by the petitioner herein without granting any relief to the said petitioner. The petitioner herein was appointed as a Constable on 3rd July, 1977. Superintendent of Police, Burdwan initiated disciplinary proceedings against the petitioner by issuing a charge sheet on 24th September, 2002 alleging the misconduct of unauthorised absence from duty.
(2.) From the records, we find that the petitioner was absenting from duty with effect from 9th May, 2002 without obtaining any leave from the appropriate authority. The petitioner however, by the written communication dated 17th July, 2002 informed the Superintendent of Police, Burdwan about his willingness to join the duty and accordingly, requested the said Superintendent of Police to issue appropriate order for allowing him to join the duty by sanctioning leave for the said period the petitioner remained absent from duty.
(3.) It has been submitted on behalf of the respondents that the said petitioner did not join the duty in spite of expressing the willingness and ultimately, on 31st July, 2002 a show-cause notice was issued to the petitioner but no reply was submitted by the said petitioner in answer to the said show-cause notice. Thereafter the impugned charge sheet was issued to the petitioner by the Superintendent of Police on 24th September, 2002 which is set out hereunder:- "BWN Dist. Proceeding No. 26/02 dt. 24.9.02 C h a r g e You, Const./1289 Barun Chatterjee of Burdwan District Police Force earlier attached to Katwa P.S. are hereby charged with gross misconduct and dereliction of duty unbecoming of a member of police force in that:- 1. That you have been absenting yourself from your place of posting at Katwa P.S. from 9- 5-02 A.M. 2. That you have been absenting yourself without any leave or intimation to your appropriate authority since 9-5-02 nor you have taken any permission from the competent authority. 3. That you submitted petitions before R.O. on 7-7-02, 29-7-02 and 7-9-02 expressing your willingess to join, accordingly you were directed by the R.O. in all the petitions to join at Katwa P.S. but you did not join disobeying the direction of the R.O. 4. That notices vide Memo. No. 1407/R.O. Dt. 12-5-02 and Memo. No. 2284/R.O. dated 30-7- 02 and show cause notice vide Memo. No. 2326/R.O. dt. 31/7/02 were served upon you, but you have not given any reply to the above notices. You are therefore directed to state inwriting within 7 (seven) days on receipt of the charge and statement of allegation, whether you plead guilty to the Charge in full or part thereof or want an open enquiry. SUPERINTENDENT OF POLICE B U R D W A N";