Paritosh Kumar Mukherjee, J. - (1.) The order of dismissal dated July 31, 1982, passed by the Divisional Organiser, S. S. B., North Bengal, Division Siliguri, has been impugned in the instant writ petition.
(2.) This writ petition was earlier transferred to Central Administrative Tribunal, Calcutta Branch and by order dated November 19, 1986, the said Tribunal found that it had no jurisdiction to adjudicate the instant proceedings in view of the provision of.section 2(a) of the Administrative Tribunal Act, 1985, remitted this matter back to this Court, whereupon hearing of this writ petition commenced before me on August 11, 1987.
(3.) Before passing of the impugned order of dismissal referred to above, in respect of the writ petitioner, Sudhangshu Sekhar Routh, a disciplinary proceeding was however, started against him, in terms of Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, on the basis articles of charges dated January 28, 1982, which are to the following affect:- "That the said No. 80399 SI (WT) Sudhangshu Sekhar Routh while functioning as trainee in Radio Technician Course during the period 28.9.81 to 9.11.81 committed disobedience of order/or neglect of duty/remissness in the discharge of his duty/other misconduct or misbehaviour in his capacity as a member of the force under section 11(1) of CRPF Act, 1949 in that he applied for repatriation and withdraw from course unauthorisedly and did not complete the course intentionally. That during the aforesaid period and while functioning in the aforesaid Training Centre as Trainee that the said No 80399 SI (WT) Sudhangshu Sekhar Routh was guilty of disobedience of order/neglect of duty/remissness in the discharge of his duty/other misconduct of misbehaviour in his capacity as a member of the force under section 11(1) of CHPF Act, 1949 in that he took his family with him while attending the said course without obtaining prior permission from competent authority in violation of instruction.";