Point of Law: Service - Imposition of penalty - Reduction of rank - Punishment imposed by disciplinary authority does not include “Reduction in rank” and as such the question of serving a Show Cause Notice in terms of Regulation 361(f) did not arise.

JUDGMENT :

ANIRUDDHA ROY, J.

1. This writ petition assails the order dated April 4, 2013 (for short, the impugned order) passed by the West Bengal Administrative Tribunal, Kolkata (for short, the Tribunal) in OA No. 1271 of 2010 (Kanai Chandra Ghosh vs. State of West Bengal and Others) [for short, the said application] whereunder, the Original Application filed by the writ petitioner was disposed of without interfering with the punishment order and the departmental enquiry report against him.

2. The petitioner was employed as a Police Constable in the West Bengal Police Force. While posted at Bishnupur Police Station he was suspended w.e.f. from March 15, 2007 vide D.O. No. 1042 dated March 15, 2017 issued by the Superintendent of Police, Bankura. The petitioner was charged in Bankura District Proceeding No. 29/07 dated May 17, 2007. He denied the charges vide his reply dated May 24, 2007 and prayed for enquiry.

3. Pursuant to the direction made by the Enquiry Officer dated August 4, 2007, the petitioner filed his statement of defense on August 28, 2007 inter-alia contending that the deposition of the witnesses did not prove the charges against him and prayed for exoneration of charges. The Enquiry Officer submitted his report to the disciplinary authority. The SDPO, Khatra directed the petitioner to appear on October 31, 2007 in the said enquiry proceeding. The names of the nine witnesses, who were directed to depose were also communicated to the petitioner.

4. By a letter dated October 31, 2009 the petitioner prayed for exoneration of the charges against him. On the basis of the said letter the petitioner was directed by the Enquiry Officer to appear in connection with the proceeding for further enquiry. The petitioner immediately by his letter dated November 2, 2007 informed the Enquiry Officer that he was unable to agree with the decision calling him to appear in the enquiry as he had already submitted his defense and that he was entitled to get the copy of the enquiry report. By another application dated November 6, 2007 the petitioner requested the Enquiry Officer for supply the copy of the order of the Superintendent of Police referred to in his communication dated October 28, 2007. On November 17, 2007 the Sub-Divisional Police Officer (SDPO) sent the copy of the order of the superintendent of Police (SP), Bankura dated October 9, 2007.

5. Being aggrieved by the order of enquiry and the decision for suspension, the petitioner filed a previous Original Application being OA No. 12030 of 2007 before the Tribunal. By an order dated February 5, 2009 the said previous Original Application was disposed of. Being aggrieved by the said order of the Tribunal dated February 5, 2009 the petitioner moved this Court through a writ petition being WPST 392 of 2009. By an order dated July 29, 2010 the said order of the Tribunal was set aside and a direction was made upon the disciplinary authority to proceed de novo from the stage of submission of enquiry report by the Enquiry Officer.

6. The disciplinary authority thereafter by its order dated September 14, 2010 awarded punishment to the petitioner and reduced the basic pay to the minimum of his Grade i.e. Rs. 9,600/- (including G.P.) from the existing pay after proper adjustment. It was directed that the increment would be earned from reduced stage. Suspension was confirmed.

7. Challenging the said final order and finding dated September 14, 2010 of the disciplinary authority, the petitioner filed the Original Application praying for the following reliefs:

“(a) A direction be issued quashing the final order dated 14.09.2010 enquiry report, in connection with the charge proceeding in Bankura District Proceeding No. 29/07 dated 17.05.2007.

(b) Another direction be issued quashing the order of Suspension dated 15.03.2007 and directing treating of Suspension period from 15.03.2007 to 02.02.2009 as a duty and granting of full salary for this period.

(c) Another direction be issued restraining the pa