BIMALAKANTA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is at the instance of the petitioner and is directed against the judgment and order passed on 4th June, 1979 in Civil Rule No. 1963 (W) of 1973 by our learned brother Manas Nath Roy, J. discharging the Rule.

(2.) THE petitioner moved an application under Article 226 of the Constitution assailing the propriety and validity of two order of being memo No. 22-EDN (V)7 (C)-1072 dated 7th June, 1973 issued in the name of the Governor by the Education Commissioner and Secretary, Government of West Bengal, respondent No. 2 intimating that the Governor has been pleased to appoint Sri A. K. Coari, Commissioner for Departmental enquiries, Vigilance Commission West Bengal as Enquiring Authority to enquire into the charges framed against the petitioner and order dated 7th June, 1973 contained in memo No. 21-EDN (V)7 (C)-10/72 stating that an enquiry was proposed to be held against the petitioner under Sub-rule 2 of Rule 10 of the West Bengal Services (Classification, Control and Appeal ) Rules, 1971 in respect of 6 articles of charges contained therein. The charges being (1) Acquisition of moveable and immoveable properties to the tune of Rs. 148,997/- in excess of his known sources of income, (2) Collection of subscription or donation for Ram Krishna Sarada Vidya Mahapith without obtaining sanction of the Government as required under Rule 13 of the West Bengal Servant's Conduct Rules, 1959, (3) Non-submission of declaration of assets from 1949 to 1968 in violation of Rule 15 (4) of the West Bengal Government Servant's Conduct Rules (4) Fabrication of false receipt dated 27th February, 1960 showing payment of Rs. 2,000/- to Sanat Kr. Ghosh, Controller and thereby failing to maintain a high standard of integrity and his conduct is thus unbecoming of a Government Servant, (5) Advancement of loan of more than a lakh of rupees to Ram Krishna Sarada Vidya Mahapith and Rs. 17,669/- to Andul Higher Secondary School in contravention of Rule 14 of the said Government Servants Conduct Rules and (6) Acquiring of moveable and immoveable properties without previous sanction of the appointing authority in violation of Rule 15 (4) of the said Conduct Rules.

(3.) THE petitioner was appointed as a professor of Bengali in Chandernagore College which was a French Settlement in India, The petitioner was subsequently confirmed in the said post. By the French decret No. 47-2121 dated 7th November, 1947, the town of Chandernagore was declared to be a free city severing all its connection with other French settlements in India. On 2nd May, 1950, the free city of Chandernagore provisionally merged with the Union of India by an agreement made between the President of India and the President of the French Republic. Thereafter a treaty of cession were signed by representatives of the Union of India and the President of the French Republic on 2nd February, 1951. The territory of the free city of Chandergore was transferred to India in full sovereignty and by Article III of the Protocle annexed to the said treaty of cession the civil servants employed in the city of Chandernagore has been given right to exercise their option to retain either French nationality or Indian nationality and those who would opt for Indian Union were to be retained usually by the Republic of India. The petitioner was retained in service and he continued in the civil service of the free city of Chandernagore and thereafter on its merger with the State of West Bengal. Under the provisions of Chandernagore Assimilation of Laws Act, 1955 the pre-merger civil Servents of the free city of Chandernagore were given the option to retain the old service conditions and the petitioner retained his old service conditions and was thus governed by pre-merger terms and conditions of service. The Government of India by letter No. 33 (14) EL/53 dated 12. 11. 53 assured the civil servants of Chandernagore that then pre-merger conditions of service would no be changed.