STATE OF WEST BENGAL Vs. NRIPENDRA NATH BISWAS

JUDGEMENT

(1.) This is an appeal directed against the order dated 27th July, 1968 passed by the learned single Judge whereby he has allowed the writ petition and quashed the order of the petitioner's dismissal and directed his reinstatement with full back wages. Aggrieved against this order the State of West Bengal has preferred the the present appeal.

(2.) The brief facts which are necessary for disposal of this appeal are that the petitioner joined the service of the Co-operative Directorate in the year 1963. In the year 1970 the petitioner was deputed as Executive Officer of the Hill Marketing Co-operative Agricultural Society Limited. The petitioner was placed under suspension on 11th May, 1980 and thereafter a charge sheet was served on the petitioner. The Commission of Departmental Inquiry (in the rank of a District Judge) was appointed as Inquiry Officer to inquire into the charges against the petitioner. The Joint Registrar of Co-operative Societies, Administration was appointed as Presenting Officer. An application was made by the petitioner for assistance of a lawyer. That prayer was not accepted. The evidence was recorded on various dates. About 17 witnesses were examined on behalf of the petitioner and the petitioner submitted a written statement of defence denying these charges. After the inquiry, the petitioner was found guilty of the charges. The Inquiry Officer submitted his report on 15th July, 1977 and the Registrar of the Co-operative Society accepted the inquiry report and issued a seconed show cause notice on 29th September, 1980. The Registrar of Co-operative Society passed an order of removal from service on 12th December, 1980. The petitioner filed an appeal against the said order of removal dated 12th December, 1980. The appellate authority set aside the order of the Disciplinary Authority holding that the second show cause notice was not valid and revoked the removal order but directed the petitioner to continue to remain under suspension. The Disciplinary Authority was further directed to pass a fresh order after issuing a second show cause notice. Thereafter the second show cause notice was issued and after receiving reply from the petitioner finally on 2nd July, 1984 the order of removal from service was passed. Hence the petitioner filed the present writ petition challenging the order of dismissal.

(3.) While petitioner was working as an Executive officer of the Hill Marketing Co-operative Agricultural Socieity Limited in March, 1974 some anonymous mass complaints were received by the Vigilance Commission of certain omission and commission committed by the petitioner alleging therein that the petitioner has utilised the fund of the society for his personal use. An inquiry was conducted by the Vigilance Commission and they came to a prima facie conclusion that the matter requires to be inquired into. On the basis of the so called preliminary inquiry the petitioner was served with a charge sheet by the Disciplinary Authority and a departmental inquiry was initiated against him. The charges were also referred to by the Vigilance Commission for necessary advise. Thereafter on 10th February, 1976 the Registrar, Co-operative Society (Disciplinary Authority) served a charge sheet and Mr. D.K. Mitra, Deputy Superintendent of Vigilance Commission was appointed as Presenting Officer. Sri R. Banerjee was appointed as the Commissioner of Departmental Inquiry as Presiding Officer. Thereafter the Commissioner of Departmental Inquiry suggested that Sri J.P. Roy from Co-operative Department should be appointed as Presenting Officer, in place of D.K. Mitra, a police officer that request was acceded and Mr. Roy was appointed as Presenting Officer. An inquiry was conducted by the Commissioner of Departmental Inquiry which ultimately found the charges proved against the petitioner. The following articles of charges were framed against the petitioner, which reads as under :