SUBAL CHANDRA SAHA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ application the petitioner who was the employee of Calcutta Dock Labour Board has challenged the entire disciplinary proceeding initiated by a charge-sheet dated December 23, 1986, and culminating in an order of compulsory retirement dated September 13, 1988 as amended by the order dated September 23, 1988. By the said order of compulsory retirement the petitioner was retired from service just 17 days prior to his retirement upon attaining the age of superannuation with stipulation that the petitioner's pension or Employer's Contribution to Contributory Provident Fund should not exceed two-thirds of what the petitioner was entitled to under the Rules.

(2.) Shortly stated the facts are that the petitioner joined the services of the Calcutta Dock Labour Board as a Senior Accounts Assistant on October 11, 1953. On December 1, 1953 the petitioner was promoted to the post of Accountant of the Board, and on May 30, 1958 the petitioner was promoted to the post of Accounts Officer of the Board. On August 1, 1965 the petitioner was further promoted to the post of Chief Accounts Officer. On June 16, 1983 the petitioner was promoted to the post of Administrative Superintendent (Chipping and Painting) of the Calcutta Dock Labour Board. The petitioner was to retire in the normal course upon attaining the age of superannuation on September 30, 1988.

(3.) On December 23, 1986 a charge-sheet was issued to the petitioner by the Board whereby he was informed that it was proposed to institute disciplinary proceedings against him in respect of the articles of charges framed against him as contained in Annexure "I" to the chargesheet. The said Articles of Charges related to the incidents alleged to have taken place during the years 1976 to 1978. The petitioner was called upon to submit a written statement of defence within 10 days from the date of receipt of the Memorandum. He was further required to inform whether he desired to be heard in person and to furnish names and addresses of the witnesses, if any, whom he wished to sail (call) in support of his defence and also to furnish list of documents, if any, which he desired to produce in support of his defence.