PRABIR SUR Vs. SUBHAS CHANDRA PRATIHAR

JUDGEMENT

(1.) Since some common issues are involved in both the revisional applications, the same are taken up together for consideration.

(2.) In CRR 4233 of 2007 six petitioners namely, i) Dr. Prabir Sur, Director, Institute of Post Graduate Medical Education Research, ii) Dr. Pradip Kumar Saha, Joint Director of Medical Education, iii) Dr. Chittaranjan Maity, Ex-Director of Medical Education and Ex-Officio Secretary, iv) Dr. Basanta Kumar Khan, Ex-Deputy Director of Medical Education, at present Vice Principal and Superintendent, Nilratan Sarkar Medical College Hospital, v) Dr. Kalyan Kumar Bagchi, Principal Secretary, Department of Health and Family Welfare and vi) Sri Asim Barman, Ex-Principal Secretary, Department of Health and Family Welfare, now posted as Chairman, Damodar Valley Corporation, have challenged the legality and propriety of the criminal proceeding being T. R. No. 410 of 2006 including orders dated 03.09.2007 and 21.11.2007 arising out of case No. C-2153 of 2006 under sections 120B, 166, 219, 191, 406, 409, 420 and 109 of the Indian Penal Code pending before the 2nd Court of learned Judicial Magistrate, Alipore, South 24-Parganas.

(3.) The petitioners herein have contended that they are senior personnel in the service of the State of West Bengal under the Department of Health and Family Welfare and some of them belonged to the cadre of Indian Administrative Service. The opposite party No. 1 Dr. Subhas Chandra Pratihar also joined the Department of Health and Family Welfare, Government of West Bengal. On 31st March, 1995. He was placed under suspension on charge of receiving Rs. 100/- from a patient while folding a non-practicing post and for distributing leaflets. A departmental proceeding was initiated against him and concluded on 24th August, 1995. The finding of the enquiring authority was ratified by the Public Service Commission, West Bengal who had intimated on 8th July, 1996 that the opposite party No. 1 was found guilty of charge No. 1 in full, charge No. 2 in part and he was not found guilty of the charge No. 3 and recommended that "Dr. Subhas Chandra Pratihar be compulsorily retired from service". Being aggrieved by and dissatisfied with such finding the opposite party No. 1 filed T. A. No. 5 of 1996 before the West Bengal State Administrative Tribunal. On 13th November, 1998 learned Tribunal dismissed the application with the observation that there is no perversity of evidence and that the exemplary punishment awarded to the opposite party was not disproportionate. Subsequently, the opposite party No. 1 moved another application before the West Bengal Administrative Tribunal being O. A. No. 1040 of 2002. The same was disposed of by the learned Tribunal by order dated 27.09.2002 directing the Director of Medical Education to hear the opposite party personally and to pass a reasoned order. In obedience of such order of the learned Tribunal the opposite party was given hearing and a reasoned order was passed on 12.12.2002 rejecting his prayer.