- (1.) THE three petitioners in the WPST under Article 226 of the Constitution of India dated February 5, 2013 are questioning an order of the West Bengal Administrative Tribunal dated September 10, 2012 dismissing an OA No. 748 of 2012 filed by one Kamal Krishna Das.
(2.) KAMAL was a constable in the Kolkata Police Force. His disciplinary authority initiated a disciplinary proceeding against him by issuing a charge memo dated February 7, 2001. The allegation was that he had been unauthorisedly absenting himself from office from December 15, 2000. It was mentioned that he had been granted 164 days EOL and awarded as many as 16 punishments, and that in the final order passed in the proceeding No. 25 dated March 16, 1995 he was given last chance to rectify his conduct.
(3.) KAMAL responded to the charge memo in writing. He clearly wrote that he was pleading guilty. He, however, said that he was ill. The inquiring officer submitted his report dated March 18, 2001 that Kamal had pleaded guilty. He also referred to the testimony of the prosecution witness and recorded that the testimony proved the charge. The disciplinary authority gave Kamal opportunity of representation and personal hearing. Kamal did not avail himself of the opportunity. Under the circumstances, the disciplinary authority passed the final order dated April 9, 2001 in the proceeding. The authority held Kamal guilty and inflicted the punishment of dismissal from service with effect from April 6, 2001. The authority specifically considered Kamal's past service records revealing as many as 16 punishments and 164 EOLs, and concluded that dismissal was the appropriate punishment.;