CHUNILAL DAS GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner in this rule challenges the order dated September 13, 19.71, served on the Petitioner wherein it has been stated that the Petitioner is unsuitable for retention in service and the Governor is satisfied that in the interest of the security of the State it is not expedient to hold an enquiry into the charges against the Petitioner under Clause (2) of Article 311 of the Constitution of India and, therefore, the Governor was pleased to dismiss the Petitioner from service with immediate effect.

(2.) The Petitioner was appointed as a lower division assistant under the Government of West Bengal on or about November 1, 1957, and was duly confirmed in the said post. The Petitioner was promoted to the post of upper division assistant when the impugned order was passed.

(3.) On behalf of the Respondent affidavit has been filed by Sri K. G. Bose, Special Officer and Ex -officio Special Secretary, Home Department, Government of West Bengal. It has been stated in the affidavit and the Respondent has annexed the order passed by the Governor under Article 311(2), proviso (c) of the Constitution of India stating that he was satisfied that in the interest of the security of the State it was not expedient to hold an enquiry under Article 311(2) of the Constitution of India. It has been also stated in the affidavit that the records were placed before the Governor and the Governor, on considering that, was satisfied that the continuance of the Petitioner in public service was detrimental to the public interest and, as such, passed an order under proviso (c) to Article 311(2) of the Constitution of India. It appears that after the proclamation of President's Rule by Proclamation under Article 356 of the Constitution of India, the President assumed the powers in respect of the State of West Bengal and the powers and function of the Governor of the State vested in the President. The order impugned having been passed by the Governor of the State is a valid order.