Debasish Kar Gupta, J. - (1.) THIS writ application is directed against an order of punishment passed by the respondent authority under memo No. 545/Personal (H. Naiya)/DHM/14 dated July 24, 2014. By virtue of the impugned order punishment of "compulsory retirement from service" with effect from July 31, 2014 was passed against the petitioner.
(2.) THE facts of this case are stated below in a nutshell: - The petitioner was working for gain in the post of a Clerk of Diamond Harbour Municipality, District -South 24 -Parganas, from the year 1996. On June 30, 2009 an untoward incident took place in front of the office of Sub Divisional Officer, Diamond Harbour, South 24 -Parganas. The above office was situated beside the office of Diamond Harbour Municipality. Consequent upon the above incident one Milan Chakraborty and his Personal Security Officer entered into the office of the respondent -Municipality. The above Personal Security Officer opened fire twice from his service revolver to restrain a group of people from chasing aforesaid Milan Chakraborty. The aforesaid Milan Chakraborty came upstairs of the office of respondent -Municipality. The employees of the respondent -Municipality closed the gate of first floor of the respondent -Municipality. The Inspector -in -charge of Diamond Harbour Police Station was informed of the above incident by the employees of the respondent -Municipality by a communication dated June 30, 2009. One Tapas Chakraborty, Sub -Inspector of Diamond Harbour Police Station, who happened to be in duty in the area concerned at the time of the above incident lodged a complaint in the Diamond Harbour Police Station, District -South 24 -Parganas. The Inspector -in -charge of Diamond Harbour Police Station initiated Diamond Harbour P.S. Case No. 294 dated June 30, 2009 treating the above complaint as First Information Report. By an order dated July 13, 2009 passed by the authority of the respondent -Municipality, the petitioner was placed under suspension. The petitioner filed an application under Article 226 of the Constitution of India bearing W.P. No. 14372 (W) of 2009 challenging the above order of suspension dated July 13, 2009. No interim relief was granted to the petitioner in the above writ application. The petitioner preferred an appeal against the order of refusal of interim relief in the above writ application.
(3.) THE petitioner received a show -cause notice dated August 11, 2009 from the authority of the respondent -Municipality asking the petitioner to show -cause of rendering his assistance to the aforesaid Milan Chakraborty and his Personal Security Officer ignoring the question of safety and security of employees of the respondent -Municipality. The petitioner filed another writ application bearing W.P. No. 17467 (W) of 2014 challenging the above show -cause notice.;