- (1.) This is an application arising out of an appeal preferred by the appellant/writ petitioner against a final order dated April 1, 2016 passed in the writ application. The writ application was filed by the writ petitioner/appellant assailing his order of dismissal from service dated May 26, 2015 and the order dated December 18, 2015 passed by the Statutory Appellate Authority affirming the above order of punishment.
(2.) It is submitted by the learned Advocate appearing on behalf of the appellant that the learned Single Judge did not take into consideration the relevant grounds in arriving at his conclusion and took irrelevant consideration into account to pass the final order impugned in this appeal. According to him, the learned Single Judge observed in the impugned order that one of the charges levelled against the writ petitioner/appellant in the charge sheet dated February 7/8, 2015 was to beat his wife with service belt, which was not in the above charge sheet. Secondly, according to him, one of the grounds for challenging the order of punishment and that of the Appellate Authority, was non-consideration of the relevant materials in support of availing of the opportunity of his medical leave at the relevant point of time. According to him, that relevant factor was not taken into consideration by the learned Single Judge while passing the impugned final order. It was also the contention of the learned Advocate appearing on behalf of the appellant before the learned Single Judge that the writ petitioner/appellant was not allowed to cross-examine some of the prosecution witnesses by the Enquiry Officer in the enquiry proceedings. That was also not taken into consideration by the learned Single Judge.
(3.) It is submitted by Mr. Chatterjee, the learned Advocate appearing on behalf of the respondents that beating of the wife by the appellant with his service belt was incorporated in a show-cause notice dated December 29, 2014. It is also submitted by him that instead of availing of the opportunity to approach the revisional authority, he approached the writ court bypassing that Forum.;