MD SHAFIQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The facts of the case briefly stated are that the writ petitioner is alleged to have committed an act of misconduct in allowing some pilgrims to leave India for the purpose of Haj without depositing the requisite fund with the Haj Committee. The writ petitioner's case is that he acted bonq fide and there was no mala fide intention on his part. It is, however, true that the pilgrims were allowed to leave India without payment to the Haj Committee. There appears to have been a general complaint by the Central members staff working at the office of the State Haj Committee were interrogated and the Statements made by them were recorded in writing. The respondent authorities were of the view that the writ petitioner was guilty of misconduct and proposed to punish him. A show cause was issued to which the writ petitioner replied stating that he had acted bona fide and that there had been no financial loss to the Haj Committee. The respondents thereafter dismissed the writ petitioner from service. It is the order of dismissal which is under challenge. There is no dispute that no formal charge sheet was issued to the writ petitioner nor was any formal enquiry based on any charge sheet held.

(2.) Mr. Gupta, learned Senior Advocate, appearing for the respondent authorities, submitted that the mere fact that no formal enquiry was held would not vitiate the order of dismissal because the writ petitioner knew for certain as to what was the charge against him and he had admitted his guilt.

(3.) Mr. Maiti, learned Advocate, appearing the writ petitioner submitted that the respondent authorities never did write to the petitioner disclosing the charges against him nor the particulars thereof were ever disclosed. He submitted that in case the respondent authorities relief on the letter written by the petitioner, then the letter should have been taken into consideration in its entirety which would go to show that the petitioner acted bonqfide. If that is the letter on the basis whereof the writ petitioner is sought to be dismissed, then obviously they have not taken into consideration the evidence that the acted bonqfide.