ABINASH CHANDRA MRIDHA Vs. STATE OF WEST BENGAL THROUGH THE SECRETARY TO GOVERNMENT OF WEST BENGAL, IRRIGATION AND WATERWAYS DEPARTMENT, CALCUTTA AND ORS.

JUDGEMENT

(1.) In this case the petitioner under Art. 226 of the Constitution challenged the order at Annexure "E" & "M" a t page 27 and 67 of the paper book. The Rule obtained by the petitioner has, however, discharged by the order of Binayak Nath Banerjee, J. dated the 26th August, 1963.

(2.) By the first order dated the 3rd May, 1957 the Govt, sought to revise, under Rule 22 of the Bengal Subordinate Services (Discipline and Appeal Rules, 1936, the order said to have been passed by the Superintending Engineer, North Bengal Circle, whereby the latter recorded punishment of a 'severe warning' against the petitioner, finding him guilty of charge five only out of several charges which were served upon the petitioner and an inquiry thereupon had been held by the sail Superintending Engineer By annexure "E" the Government of West Bengal called upon the petitioner to show cause why the enhancement as aforesaid, leading to an order of removal from service should not be made by the Govt. After the petitioner submitted his representations the Government passed the final order at annexure 'M' by which the petitioner was removed from services from the date of service of that order doted the 11th May, 1962 which was served upon the petitioner on the 18th May, 1962.

(3.) The primary ground urged by Mr. Chakrabarty, on behalf of the appellant, is that Rule 22 of the said Rules does not confer upon the State Government a power to enhance the punishment while exercising the power of revision. Rule 22 is as follows: