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NISHITA MHATRE, TAPASH MOOKHERJEE
Sisir Sonar – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Abhishek Banerjee, Advocate.
For the State :Joytosh Majumder, Tulsidas Roy and Sanjib Das, Advocates.

JUDGMENT :

The Petitioner was a Sub Inspector with the West Bengal Police. He was dismissed from service after a departmental enquiry on 29th November, 2003. He preferred an appeal before the Appellate Authority, which was dismissed on 6th January, 2004. It appears that the Petitioner called upon the Respondents to rectify the injustice done to him and to reinstate him. He also submitted an application for review under the Police Regulations of Bengal, 1942, in 2007. On 6th August, 2008 he submitted an application to the National Commission for Scheduled Castes constituted under Article 338 of the Constitution of India. The National Commission for Scheduled Castes on 14th January, 2011 recommended that the matter should be discussed between the I.G.P., C.I.D., West Bengal and the Additional Chief Secretary, Govt. of West Bengal, Home (Police) Department in order to settle the grievance of the Petitioner. It also recommended that in case this was not possible, the Petitioner could be given compulsory retirement so that he would be entitled to his retiral benefits. It appears that the Respondents did not accept the recommendation and communicated that to the Petitioner on 8th December







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