STATE OF WEST BENGAL Vs. SATI PROSAD ROY

JUDGEMENT

(1.) This is an appeal against the judgment and order of A. K. Sen, J. dated 11.9.73 in C.R. 1900W/69 whereby the Rule obtained by the petitioner was made absolute.

(2.) The facts according to the petitioner are as follows: The petitioner was appointed in 1949 as a lower division clerk in the office of Civil Surgeon (the said office since designated as Chief Medical Officer of Health) at Burdwan. In 1958 the petitioner was posted at Jalpaiguri when Dr. Banerjee opposite party No. 4 was also transferred there and his relation with the petitioner was strained and actually Dr. Banerjee put the petitioner under suspension. The petitioner was thereafter transferred to Karimpore Health Centre, Nadia and Dr. Banerjee also came there in September 1968. The petitioner made complaints against the Medical Officer in-charge, Dr. S. Saha, opposite party No. 6, which infuriated him and along with others he raided the house of the petitioner on May 22, 1968 and tried to assault him for which police diary was lodged and there were also other incidents. On September 19, 1968, the petitioner was placed under suspension and was charge-sheeted on allegations of the opposite parties Nos. 4 and 6. The charge-sheet as also the order of suspension were issued by the opposite party No. 2 the Director of Health Services. The orders are set out below : Order of suspension. Government of West Bengal, Directorate of Health Services, Writers' Buildings, Calcutta. No. 22962 Calcutta, the 19.9.68. Order "Sri Satiprosad Roy, clerk attached to Karimpore primary Health Centre, Nadia, is hereby, placed under suspension with immediate effect as he has been found prima facie guilty of several charges for which departmental proceedings are being drawn up separately. Sri Roy is entitled to one half of his basic pay plus full D.A. and other admissible allowances in full as subsistence grant during suspension period, provided he submits a certificate to the Chief Medical Officer of Health, Nadia to the effect that he is not engaged in any other employment, business profession or vocation. Sd/- K. C. Sarbadhikari, 19.9.68. Director of Health Service, West Bengal." Charge Sheet. Government of West Bengal, Directorate of Health Services, Writers' Buildings, Calcutta. Calcutta, the 19.9.68. No. 22963 To Shri Sati Prosad Roy, Clerk attached to Karimpore Primary Health Centre, Nadia. Whereas it has been made to appear tot e undersigned that you Sri Satiprosad Roy, clerk attached to Karimpore Primary Health Centre, Nadia serving under the administrative control of the Directorate of Health Service, West Bengal have been found guilty of; 1.Cross misconduct :- (a) by being in the habit of defying the order of the Medical Officer of Karimpur Primary Health Centres. (b) by instigating the local people against the staff including medical officer of the said Health Centre. (c) By lodging false complaints against the same Medical Officer and the other staff of the Health Centre to the local police. (d) by removing hospital records without the knowledge of anybody. (e) by refraining himself from his allotted duties since 31.7.68. (f) Cross in subordination by not complying with the order No. HC/E/2/5712 dt. 23.7.68 of the Chief Medical Officer of Health, Nadia. Details shown in the statement of allegations. And whereas for the aforesaid reasons you are prima facie unsuitable to be retained in the service of Government; And whereas on the grounds set forth above it is proposed to impose upon you the penalty of dismissal from the Civil Service of Government under Clause (vii) of Rule of the Bengal Subordinate Services (Discipline & Appeal) Rules, 1936. Now, therefore, in pursuance of the Bengal Subordinate Services (Discipline & Appeal) Rules, 1936, the Undersigned hereby requires to put in before - Dr. M.L. Dutta Roy, Chief Medical Officer of Health, Jalpaiguri who has been appointed as an engineering officer for holding enquiry into the aforesaid charges against you within fifteen days from the date of receipt of this order, a written statement of your defence and representation that you may desire to make stating whether you desire to be heard in person or call any witness or to produce any document in your defence and showing cause why the penalty of dismissal from the Civil Service of Government or such other penalty as may be deemed fit shall not be imposed upon you. A statement of allegations on which the charges are based, is enclosed. Sd/- Illegible 19.9.63 Director of Health Services - West Bengal.

(3.) Dr. M. L. Dutta Roy opposite party No. 7 was appointed enquiry officer who directed him to file his written statement of defence. The petitioner filed his defence on September 27, 1968 denying the allegations made against him. Thereafter the petitioner was informed on October 30, 1968 by the Director of Health Services that in place of opposite party No. 7 the Opposite party No. 8 Dr. J. Nath was appointed the enquiry officer. The petitioner made a made a representative stating that his relation with Dr. Nath was strained while both of them were at Jalpaiguri and Dr. Nath had expressed his vendetta and personal displeasure against him. As the petitioner apprehended no fair trial in hand of such biased officer, he made representations against the appointment of Dr. Nath as enquiry officer but the representations were rejected. The petitioner was duly informed of the dates of enquiry but he did not attend the enquiry as he raised questions of legality and propriety of the said enquiry by a prejudiced officer. The enquiry was held by Dr. Nath exparte on December 10, 11 and 12, 1968 when it appears witnesses were examined and documents were marked exhibits. The petitioner was thereafter served with the following order: <FRM>JUDGEMENT_98_CALLT1_1975Html1.htm</FRM>