BINOY KUMAR MOULIK Vs. PRESIDENCY POST MASTER

JUDGEMENT

(1.) THE petitioner, Benoy Kumar moulik, was at first appointed as a temporary clerk in the General Post Office, calcutta, and was later on made permanent. On May 4, 1959, the respondent No. 2, Deputy Presidency Post master, Calcutta, suspended the petitioner on the ground that a criminal offence, alleged to have been committed by the petitioner, was under investigation. The order of suspension is hereinbelow set out:-

(2.) IT appears from the order sheet of the Chief Presidency Magistrate, annexed to the petition, that the criminal case against the petitioner underwent a long and ineffective investigation and ultimately, on March 5, 1960, the learned Chief Presidency Magistrate discharged the accused petitioner with the following observation: -

(3.) BEFORE the accused petitioner was discharged by the learned Chief Presidency Magistrate, the respondent presidency Post Master had caused service of a charge sheet on the petitioner, on January 6, 1960, for the purpose of starting disciplinary action against the petitioner, under the provisions of Rule 15 of the Central Civil services (Classification, Control and appeal) Rules, 1957. The charges of misconduct, as in the aforementioned charge sheet, were more or less identical in character with the criminal charges for which the police was conducting investigation against the petitioner. There was little progress made in the departmental proceeding until the time when the petitioner was discharged by the criminal court. It is, however, stated in the affidavit-in-opposition that as a result of the disciplinary action, the petitioner was ultimately dismissed from service. I am not, however, concerned with the order of dismissal of the petitioner, if any has been made against him, because that order has not yet been challenged before this Court by the petitioner.