SUSANTA MUKHERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) This rule is directed against an order of suspension dated 31.12.74 passed by the respondent No.3 under sub-Rule 2(b) of Rule 10 read with Rule 20 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

(2.) The petitioner joined service under the Government of India in the Ministry of Agriculture and Irrigation (Department of Food) on December 29, 1948. Subsequently, he was transferred on deputation to serve under the Food Corporation of India with effect from December 16, 1968. Petitioner left Calcutta for Switzerland on the 16th July, 1974 by a Chartered Flight in connection with the works of religious and relief Organization. On the 27th July, 1974, while the petitioner was going to board the Air Craft through Customs Check at Zeneva, he picked up quarrel with the Police as two police men were abusing Indians by saying 'bloody niggars'. The petitioner protested and he was arrested by the police. The Chartered Air Craft by which the petitioner was to fly, left Zeneva in time 28th July and 29th July, 1974 were closed holidays in Switzerland and no work was done on those days. On the 30th July, 1974 the Police came and asked for Cash Memo of each of articles of goods which the petitioner was possessing. He failed to produce any such Cash memo. On the following day he was taken to a Court of Municipal Magistrate at Lussane. Petitioner did not know Swiss of French language. A student was procured, who knew very little English, to work as an interpreter. The said student explained that any defence in that country would be futile and it would be very expensive too. He also said that the accused was presumed, in Swiss law, to be guilty unless he proved to the contrary. The Air Craft had left. Petitioner had no money to purchase a ticket. In utter confusion he singed few blank papers without knowing the contents of any one of them. In the prison known as 'Mal', he was allowed to use telephone. He contacted one of the office bearers of the Social Service Organization whom he met in a conference at Zeneva. The Office bearer came and explained the mattes to the Magistrate, who expressed regrets, returned the seized goods and remitted the rest of the sentence. On 3rd August, 1974, petitioner was provided with an air ticket by the said Social Service Organization. He availed of a Swiss Air Line Flight. On the 4th of August, 1974 petitioner reached Calcutta. On the following day, he joined his service and resumed his duties under the Food Corporation of India. On the 31st December, 1974, the petitioner was served with the impugned order of suspension by which the Managing Director ordered that the petitioner was deemed to have been under suspension with effect from July, 1974. Being aggrieved the petitioner moved this Court on 17th January, 1975 and obtained the present Rule.

(3.) In affidavit-in-opposition, filed on behalf of the respondent No.1, the Regional Director (Food) Government of India and affirmed by Sudhir Chandra Bhattacharya it is stated that the Central Bureau of Investigation (Inter Pol) Delhi brought to the notice of the respondent No.2 that the petitioner visited foreign countries, unauthorisedly during July-August, 1974. It was further reported that while the petitioner was in Switzerland, he was convicted and awarded imprisonment for a period of 8(eight) days including the detention period of 5 (five) days awaiting trial for committing repeated thefts. In view of the gravity of the offence and treating that moral tarpitude is involved in such offence, the authority concerned issued the order of suspension against the petitioner.