SUBRATA CHAKI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appellants of these six appeals at the material time were working as Lower Division Assistants in the Office of the Collector of Calcutta, Government of West bengal. On 13th March, 1981 the Collector of Calcutta had purported to place them under suspension because distribution proceedings for gross in disciplinary acts committed by them on 3rd March, 1981 were contemplated. On 7th April, 1981 the collector of Calcutta issued Memoranda of Charge-sheets against the said appellants.

(2.) THE Article of Charge I was that on 3rd March 1981 at 12 noon while at his office chamber the Collector was discussing matters relating to appointment of Enumerators for revision of Electoral Rolls of five Assembly Constituencies with five persons mentioned in the charge-sheet, the appellants along with 25 persons had entered his room in rage without asking any permission and without any previous engagement. The appellants had began to talk in an unmannerly way exceeding decency and decorum and started a violent demonstration including utterances of filthy language. The further charge was that the appellants had demanded that the files regarding confirmation of the Upper Division Clerks and appointment of two Lower Division Clerks should be signed by the Collector instantly. The collector was compelled to sign those files in their presence. The appellants alleged to have threatened the Collector and asked him to issue appointment letters to Enumerators unless persons of their choice were; accommodated in the selection list. It is further alleged that the appellants had taken way the papers from his table and had threatened him.

(3.) THE Collector of Calcutta had appointed B. K. Biswas, deputy Secretary, Home Department, Government of West Bengal as Enquiring Authority to enquire into the charges framed against the appellants. The appellants had denied the charged framed against them. On or about 7th May, 1981 the appellants moved in this court applications under Article 226 of the Constitution of India challenging their suspension and also the aforesaid disciplinary proceeding started against them. The respondents contested by filing affidavits. . . . .