BYOMKESH DE Vs. CONTROLLER OF TELEGRAPH STORES

JUDGEMENT

(1.) THE petitioner, Byomkesh De, used to serve as a time-scale clerk in the returned Stores Section of the Office of the Controller of Telegraph Stores, at Alipore, Calcutta. For alleged unauthorised disposal of government stores, the petitioner was proceeded against before a Criminal Court but was ultimately discharged by the Magistrate.

(2.) WHILE the criminal case against the petitioner was still pending, the controller of Telegraph Stores charged the petitioner with misconduct, under several heads, for loss of government stores. This charge-sheet, bearing the date December 10, 1959, was cancelled by Controller on March 26/28, 1960. On the same day, however, a fresh charge sheet was served on the petitioner, to the following effect: -

(3.) ALONG with the charge sheet a "statement of allegations", on the basis whereof the charges were framed, was supplied to the petitioner. The said statement reads as follows: -"allegations REGARDING CHARGE-I. On 2. 6. 1959 information was lodged by Shri Jadu Chowdhury, Sircar on duty at the South Exchange, that a Private Lorry No. WGA-1222 was seen by him as being loaded with Iron Material pertaining to recovered telephone material and by Lascars belonging to C. T. S. ' Establishment (on duty at the South Exchange) at about 1. 50 P. M. on that day. He (Shri Jadu Chowdhury) was given to understand by the Lascars that the loading was being done under instructions of Shri Byomkes De, who was functioning as Time Scale Clerk Returned Stores, dealing with returned stores taken over from the General Manager, Automatisation, calcutta, and was on duty at the South Exchange on that day (2. 6. 59 ). Shri Jadu Chowdhury also made statements to indicate that he was informed by Shri Byomkes De, on enquiry that the Stores that were loaded in the Lorry had been sold and were being removed by the party concerned. The presence of the Lorry and the loading of the same with departmental stores belonging to the Department was also corroborated by other persons who were present at the South Exchange on that day at the time of occurrence. The Lorry in question is further alleged to have left the South Exchange with the stores loaded in it. Enquiries and Examination of relevant record revealed that there was no programmer of delivery of any stores disposed of by sale from the South Exchange Buildings. ALLEGATIONS REGARDING CHARGE II. It transpired from reports received that all battery bearers belonging to the equipments of the Bank and City Exchanges were removed from 8, Hare Street by Shri Byomkesh De while he was functioning as Time-Scale Clerk, R. S. Section, dealing with returned stores taken over from the General Manager, Automatisation, Calcutta, without the knowledge and permission of the competent authority. When questioned about the reasons for such removal the said Shri Byomkes De is alleged to have stated that these were required to be kept at a centralised place under his custody till their disposal. It also transpired from reports received that battery bearers were also available and seen at the South Exchange Buildings in May, 1959 i. e. , long after the delivery of auctioned battery materials to M/s. Associated battery Makers (Eastern) Private Limited on 11. 4. 1959 and 13. 4. 1959. It further transpired from reports received that all the battery bearers were made over to the firm in June, 1959 from a Private godown. ALLEGATIONS REGARDING CHARGE III. It came to notice that Shri Byomkes de while functioning as Time-Scale clerk, R. S. Section, dealing with returned stores taken over from the General Manager, Automatisation, calcutta, had failed to maintain a numerical account of stores taken over by him from the Telephone District Calcutta from time to time and had also failed to maintain a clear record to indicate the location of the different items of taken over stores, thereby rendering the task of a speedy verification of the stores held in the south Exchange extremely difficult.