BIBHUTI BHUSAN PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On the petition tiled by the petitioner under Article 226 of the Constitution a Rule was issued calling upon the opposite parties to show cause why a Writ in the nature of Mandamus should not be issued directing the opposite parties 1 to 6 to recall, rescind, withdraw or not to give effect to, the impugned order of opposite party No. 2, dated January 25, 1956. The Rule further required the opposite parties to show cause why a Writ in the nature of Certiorari should not be issued cancelling, setting aside or quashing the impugned order dated January 25, 1965.

(2.) By the said order the petitioner was demote and his increment was stopped for two years.

(3.) The petitioners complaints against the departmental proceedings culminating in the impugned order of demotion and postponement of increment are that the dismissing authority acted throughout mala fide, that rules of natural justice were violated at every step and that he was not given reasonable opportunity to make his representation against the charges or against the punishment proposed.