RADHA KANTO CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application has been made by the petitioner who is a cashier in the office of the respondent No. 2, Director of Industries, Government of West Bengal, inter alia, for the issue of a Writ in the nature of mandamus commanding the respondents Nos. 1 to 3 to withdraw or cancel the orders dt. June 16/20 and July 27, 1970 and refrain from giving any effect thereto and for commanding them to act according to law. inter alia, in fixing or revising the pay-scale and grade of the petitioner; and also for a Writ in the nature of mandamus commanding the respondents 1 to 3 to place and fix the petitioner in the grade or scale of pay of Rs. 300-450 or Rs. 250-400 as setforth in the annexures 'K' and 'M' to the petition. This application also seeks for the issue of a writ in the nature of Certiorari for quashing the appointment of the respondent No. 4 to the post of the cashier in the grade or scale of pay of Rs. 250-400/- under the respondent No. 3 in supersession of the petitioner.

(2.) On or about November 30, 1948. the petitioner after completing the probationary period of 2 years was confirmed in the post of cashier in the office of the respondent No. 2 in the scale of Rs. 80-5-105. In or about 1958 the petitioner's grade was enhanced to Rs. 105-5-210/-. The said grade was enhanced to Rs. 200-5-250 on March 1, 1959.

(3.) On December 12. 1960 the petitioner was charged with having misappropriated a cheque for Rs. 3388/-and was suspended on that ground. The petitioner was prosecuted on the aforesaid criminal charge before the Chief Presidency Magistrate. Calcutta and was acquitted on November 28, 1961. The petitioner was not allowed to join his duties thereafter. Departmental proceedings on the basis of the aforesaid charge was commenced against the petitioner on or about August 18. 1962. As a result of the said departmental proceedings the petitioner was dismissed from his service as such cashier on or about January 26, 1963. On or about September 7, 1964. the petitioner instituted a suit being suit No. 1676 of 1964 in this Court against, inter alia, the State of West Bengal inter alia, for a declaration that he continued to be in the employ of the State of West Bengal.