RAKESH TIWARI, J. - (1.) The facts of the case in a nutshell are that Gautam Bhattacharjee was appointed as a constable (Personal Identification no. C/568) in Armed Police, West Bengal. He was unauthorisedly absent on 09.003.1999 and claims that he was falsely implicated in a criminal case by his relatives. The criminal case was registered at Gangajalghati Police Station as Case No.14 of 1999 on 9th March, 1999 under Sections 324/325/307/34 of the Indian Penal Code, 1860 and Sections 25/27 of the Arms Act. The delinquent employee/Petitioner was thereafter also proceeded with in a departmental case in Bankura District Proceeding No.2 of 1999, dated 23.03.1999 wherein the following charge was framed against him. "The constable was found involved and became a FIR named accused in Gangajalghati P.S. Case 14/99 dated 09 -03 -99 u/s 324, 325, 307, 34 IPC 25 and 27 Arms Act and for his such misdeed he was taken in Jail custody on 10 -03 -1999"
(2.) The defence of the Petitioner in the departmental proceeding was that he had fallen sick on 9th March, 1999 and had taken command for treatment. He had come to know about the arrest of the members of his family in the aforesaid criminal case, being Gangajalghati Police Station Case No.14 of 1999. Therefore, he felt necessary to surrender on 10th March, 1999 before the Court as his name was also implicated, despite his treatment for sickness.
(3.) The departmental enquiry was proceeded against the Petitioner and culminated in an order of dismissal dated 8th November, 2001, passed by the Superintendent, Bankura.;