MANU/SC/0998/2014

IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 2616, 2641, 2642, 2643 of 2012 and 9828 of 2014 (Arising out of SLP (C) No. 9015 of 2014)

Decided On: 15.10.2014

Appellants: State of West Bengal Vs. Respondent: Pronab Chakraborty

Hon'ble Judges/Coram:
J.S. Khehar and Arun Mishra

JUDGMENT

J.S. Khehar, J.

CIVIL APPEAL No. 2641 of 2012

1. The Respondent-Pronab Chakraborty was inducted into the employment of the police department of the State of West Bengal, wherein while he was holding the post of Inspector of Police in the Enforcement Branch, he was issued a chargesheet dated 31.07.2007. The charges which were levelled against the Respondent, are being extracted hereunder:

CHARGE-1: While you were a S.I. of Police of Howrah District during the period between 01.01.88 and 31.12.93, you acquired total assets in the shape of land, property and deposit in the Bank to the extent of Rs. 3,44,600/-. Out of the said sum, an amount of Rs. 2,69,246.80 paise for which you could not give any cogent explanation for acquisition of the properties which were subsequently established as disproportionate of asset to your known source of income.

CHARGE-2: On 21.06.2002 you acquired the asset in the shape of investment in United Bank of India, Sahanpur Branch, Howrah as fixed deposit to the extent of Rs. 5,00,000/- (Rupees Five Lakhs) only vide A.C. No. 401/02 in the name of your son, Partha Pratim Chakraborty and sister-in-law Smt. Krishna Majumder both dependent on you. You could not give any cogent explanation for such acquisition which is disproportionate to your known source of income.

CHARGE-3: On 27.07.1988 while you were attached with the Howrah District as S.I., acquired immovable property in the shape of a plot of land measuring 3 Kathas vide Dag No. 538, Khatian No. 678, Mouza Sahanpur, District Howrah in the name of your wife, Smt. Sandhya Chakraborty and dependent sister-in-law at the cost of Rs. 33,600/- vide Deed No. 1-4344/88. You constructed a house thereon and subsequently disposed of the house by selling the same to Smt. Malati Devi Barnwal at the cost of Rs. 3 Lakhs vide Sale Deed No. 1957/96. You did not obtain prior sanction from your appointing authority before purchase of land, construction of house and sale of the house which is obligatory on the part of a Public Servant. As such, you are charged with gross misconduct.

CHARGE-4: On 24.10.2000 and on 19.06.2003 you acquired movable properties in the shape of Motor Cycle having registered No. WB-124-3924 at the cost of Rs. 47,000/- and WB-12H-7613 at the cost of Rs. 33,500/- in the name of your dependent son Shri Partha Pratim Chakraborty. You did not obtain prior permission from your appointing authority before purchase which is obligatory on the part of a Public Servant. You are thereby charged with grave misconduct.

CHARGE-5: You ere charged with misconduct for not submitting declaration of assets for the period as they stood on and from 01.01.90 to 01.01.99 which were revealed from the Memo. No. 3219/DEB dated 19.12.96 of S.P., D.E.B., Howrah and Memo. No. 118/PER/GA-II/PER/GA-II/45-2000 dated 22.01.2001 of Inspector General of Police, Headquarters, West Bengal. Those declaration of assets were called for the purpose of scrutiny of assets either acquired by you in your own name or acquired in the name of other dependence on you.

CHARGE-6: You submitted your declaration of assets for the period as they stood on 25.08.99 and 31.01.2000 which should have been submitted on 01.01.99 and 01.01.2000. The declaration of assets bore no date of submission and you did not deliberately disclose the material information regarding acquisition of assets with a malafide intention to suppress the actual assets. You were charged for grave misconduct.

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