RAJASEKHAR MANTHA,J. - (1.) The writ petitioner was an employee of West Bengal State Electricity Distribution Company Limited. He was charged with proposing to accept a bribe and/or illegal gratification from the consumer for reducing the actual consumption to be paid. A trap was laid and the writ petitioner was caught red handed. Both the consumer as well as the writ petitioner were arrested and a criminal proceeding was started. The criminal proceeding resulted in an acquittal inter alia on the ground that sanction to prosecute the petitioner under section 197 of Code of Criminal Procedure, 1973 was not obtained. It was also held that the charges were not conclusively proved beyond reasonable doubt.
(2.) A departmental proceeding was initiated against the petitioner during the pendency of the criminal proceedings. The said proceedings were continued on the basis of orders passed in another writ petition filed by the petitioner.
(3.) A final order came to be passed by the Disciplinary Authority, that was interfered with by this Court in the other writ petition. The Disciplinary Authority was directed to give the writ petitioner a personal hearing before deciding on the charges against him and consequently the first final order was set aside. The writ petitioner was thereafter given a personal hearing by the Disciplinary Authority and an order was passed holding the petitioner guilty of charges. A punishment of 50 % of forfeiture of pension was imposed. The period spent on suspension was ordered to be treated not on service and that the petitioner would not receive anything other than subsistence allowance already paid to him.;