LAWS(CA)-2002-4-6

PULIN BEHARI SARDAR Vs. UNION OF INDIA

Decided On April 23, 2002

JUDGEMENT

(1.) SHRI Pulin Behari Sardar, EDBPM, District-24 Parganas (South) has filed this O.A. against his non-reinstatement as Extra Departmental Branch Post Master (EDBPM) after acquittal by the appropriate Court from the charges made in criminal cases. The applicant has prayed for the following reliefs:

(2.) The fact of the case as it appears from the O.A. is that the applicant was appointed as Extra Departmental Branch, Post Master (EDBPM) w.e.f. 19.6.1976 at Dara EDSO (Annexure-A). The petitioner has been performing his job satisfactorily and sincerely. There was constant persecution of the applicant by certain interested group who were active to implicate the applicant in some cases so that he could be removed from the post of EDBPM. The applicant belongs to the scheduled caste community and he was appointed as such on production of prescribed certificate to this effect as per Annexure-B.

(3.) THE learned Counsel for the applicant has submitted that the petitioner is innocent and cannot be removed from the service as four criminal cases made against him were dismissed by the competent Court of law. THE dismissal of cases prove that they were made falsely to implicate the petitioner in criminal proceeding.