JUDGEMENT
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(1.)THE petitioner was appointed in the department of Police, Government of West Bengal in the year 1962 as Constable and pasted in Industrial Reserve Force. Sometime in 1972 the petitioner was transferred to Burdwan G. R. P. S. as Constable. On or about 7th July, 1982 the wife of the petitioner submitted a petition before the Superintendent Government Railway Police, Howrah alleging that the petitioner neglected to maintain the wife and the children and the petitioner had been living with another woman ignoring the petitioner's wife and children. On the basis of the said complaint the Superintendent of Police initiated a disciplinary proceeding being Howrah G. R. P. Proceeding No. 13 dated 15th August, 1983. A charge sheet dated 25th August, 1983 was issued by the Superintendent, G. R. P. S. wherein it was alleged that the petitioner had been neglecting the wife preceding four years by not giving any money for their living cost and|or subsistence allowance and also had been leading an immoral life and the rationed commodities drawn by the petitioner was not supplied to the wife and children of the petitioner. It was stated by the petitioner in reply that since the petitioner refused to submit to the whimsical desire of the wife allegations had been made against, the petitioner by his wife. The said allegations are the result of the. grudge which the petitioner's wife bore against the petitioner. It was stated that the petitioner had all along been maintaining his wife and children with his limited means.
(2.)AN enquiry was held. The Deputy Supritendendent of Police who conducted the enquiry held the petitioner guilty in enquiry report datd 3rd May 1984 of all the charges framed against him. The Superindent of Police agreeing his. The Superintendent of Police agreeing with the findings of the Enquiry Officer provisionally held the petitioner guilty ' of the charges and a Second Show Cause Notice was issued on 6th July, 1984 asking the petitioner to show cause as to why he should not be dismissed from service. The petitioner replied to the Second Show Cause notice. The Superindendent of Police in his order dated 31st July, 1984 held that "the conduct of the petitioner should be viewed not from a moral or social point of view but from the point of view of its effect, actual or likely on the administrative system. " He therefore held the petitioner guilty of charges and passed an order that he should be dismissed from service from the date of communication of the said order to him.
(3.)IN this application the petitioner has challenged the entire enquiry proceedings commencing from the charge-sheet and culminating in the order of dismissal. This application was moved upon notice on 24th August, 1984. The learned Advocate for the respondents was directed to take necessary instructions in this matter. When the matter was called on for hearing, the learned Advocate has submitted that he has no instructions in this matter and the matter may be disposed of on he basis of the allegations made in the petition.
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