Tarak Nath Kar vs State of West and others

Sanjib Banerjee, J.—The petition is by an employee in the Bardhaman district judgeship. His complaint is two-fold: that he has been made to suffer a punitive order of transfer following the displeasure expressed by a High Court Judge in course of inspection; and, the promotion due to him has been withheld upon a criminal complaint being lodged against him.

It is evident that the petitioner had sought reimbursement for the medical expenses incurred on account of the petitioner''s mother. It was discovered in course of a previous petition in this court that the petitioner may have tampered with the records that the petitioner had filed in support of the claim for reimbursement. On the basis of the observation in the order dated May 2, 2014 passed by this court, a criminal complaint was lodged against the petitioner which is pending investigation.

The respondents refer to a memorandum of March 28, 1978 pertaining to the principles to be followed in the matter of conformation and promotion of Class III and class IV employees. One of the circumstances cited in the memorandum is the pendency of a criminal case involving moral turpitude.

In the present case, the petitioner was suspected to have caused a medical report or prescription to be tampered with. It does not appear that for such perceived offence, any promotion due to the petitioner should be withheld. However, the promotion that may be granted to the petitioner will be subject to the result of the criminal action and the petitioner is put on notice that such promotion may be annulled in the event the petitioner is convicted.

As to the order of transfer of the petitioner, since it is evident that such order is punitive in nature, the same cannot be sustained. The petitioner will make a representation to the District Judge, Burdwan and indicate the special hardship faced by the petitioner at home because of the medical conditions of the petitioner''s mother and wife. The district judge should consider such representation in accordance with law and, if adequate grounds are made out, post the petitioner at a place which is less inconvenient to the petitioner than his present place of posting. If the petitioner makes the representation to the district judge within a fortnight from date, the district judge should pass an appropriate order thereon within four weeks of the receipt thereof.

Till such time that the petitioner''s representation is considered by the district judge and an appropriate order passed thereon, the petitioner will continue at his present posting at Kalna.

WP 28726 (W) of 2015 is disposed of without any order as to costs.

Certified website copies of this order, if applied for, be urgently made available to the parties upon compliance with the requisite formalities.