MUNNA LAL TEWARY Vs. HAROLD R SCOTT

JUDGEMENT

(1.) The only ground urged in this appeal was that the appellant's discharge from the service of the State Government was bad, inasmuch as neither before the initiation of departmental proceedings against him, nor before the imposition of a penalty had the Public Service Commission been consulted.

(2.) At all material times the appellant, Munnalal Tewary, was employed as the Head Accountant under the Directorate of the West Bengal Fire Services. In March, 1949, he was placed under -suspension on receipt of a report from the Anti-corruption Department of certain malpractices. Thereafter, an enquiry was started against him in respect of two charges, one concerning the alleged purchase of a motorcar said to have been improperly made and another concerning alleged falsification of a Petrol Receipt and Issue Register in order to conceal misappropriation of petrol. An enquiry was held by Sri S. K. Gupta, who was then the Secretary to the Government in the Department of Local Self-Government, and was concluded in September, 1949. Before, however, he made his report, a fresh charge was brought against the appellant as a result of certain remarks made by a Magistrate in connection "with another case. The third charge was to the effect that the appellant had abetted one Ranjit Kumar Bhattacharya, Station Officer, Serampore, in forging the Petrol Stock Register of that station. By his report which he submitted in May 1950, the enquiring officer acquitted the 'appellant of the first two charges, but found him guilty of the third charge. Thereafter, the usual, notice to show cause why he should not be removed from service was given, and the appellant appears to have shown cause. The cause shown was not accepted and he was discharged from service 011 23-6-1950, by an order of one Harold R. Scott, Director of Fire Services, who is respondent before us. The appellant submitted successive representations to the Government against the penalty imposed on him, but those were all rejected.

(3.) Thereafter, the appellant moved this Court under Article 226, Constitution of India for a writ of certiorari upon Harold R. Scott, Sri S. K. Gupta and the State of West Bengal, directing them to send up the records of the proceedings in order that the order of discharge and the findings at the enquiry might be quashed and a further writ in the nature of a prohibition, restraining the respondents from acting upon the order. A Rule 'nisi' was' issued on the application and it care to be disposed of by Bose J. Various points were urged before him in support of the petition, but of them the only one, which is material for the purposes of the present appeal, was the point I have already mentioned. It was contended that by reason of the provisions of Article 320(3) of the Constitution, it was obligatory on the Government to consult the Public Service Commission before any action was taken against the appellant and that they not having done so, the proceedings taken against the appellant and the order passed against him were of no effect and void.