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2000 Supreme(Cal) 556

Satyabrata Sinha, Pratap Kumar Ray
Akhilendu Ghosh – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Sunder Singh, Sankar Ranjan Das for the appellant;
Chhabi Chakraborty for the respondent.

JUDGMENT

Satyabrata Sinha, J.: This application is directed against a judgement and order dated 18.11.1998 passed by the West Bengal Administrative Tribunal in O.A. No. 1071 of 1977, whereby and whereunder the petitioner's application was dismissed on the ground of limitation. The basic fact of the matter is not in dispute.

2. The petitioner herein is a holder of civil post. He has been working as Upper Division Clerk in the Directorate of Employee's State Insurance (Medical Benefits Scheme). The petitioner was appointed in 1957. On or about 2.4.70, he was placed under suspension. The said order reads thus:"

Whereas it has been made to appear to the undersigned that Shri Akhilendu Ghosh, Upper Division Clerk of the Office of the Administrative Medical Officer, Employees' State Insurance (M.B.) Scheme, W. Bengal, wilfully furnished false and inflated figures of Medical Acceptance Cards for the insured persons in the bills for July-Sept.'69 and Oct-Dec'69 quarters leading to overpayment of capitation fee to the extent of Rs. 36,514/-, and whereas it prima facie appears that he illegally obtained payment of capitation fee of 15 Insuranced Medical Practitioners to the extent of Rs. 49,938





































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