GOURANGA DHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) All these 4 matters are taken up altogether for analogous hearing as per orders dated February 23, 1993 and August 10, 1994. These are treated as on today's list.

(2.) Sri Gouranga Dhar, the petitioner in C.O. 1883(W) of 1993 appointed by the respondent No. 3 (Managing Director, W. B. Co-operative Spinning Mills Ltd., at Serampore Workshop) as a stipper-cum-flat grinder. The petitioner rendered satisfactory service to the management and had a clean service record. On June 13, 1992, the Respondent No. 4 (Technical Manager, W.B. Co-operative Spinning Mills Ltd., Serampore) issued a notice against the petitioner under para 27(i), (viii) and (ix) of the Model Standing Orders of the Government of West Bengal as to why disciplinary action should not be taken against him as he was not found at his place of work during the period from 12.30 to 1.00 p.m. on June 8, 1992. The petitioner replied to the show cause notice denying the allegations. The copy of the show cause notice dated June 13, 1992 and a copy of the reply dated June 17, 1992 are enclosed with the writ petition and are collectively marked Annexure "A". As the explanation was not found satisfactory an inquiry was held and ultimately he was found guilty of misconduct, On January 28, 1993 as per the decision of the Managing Committee an order of dismissal was passed. The petitioner was not furnished with any copy of the report of the Inquiry Officer submitted by him nor was the petitioner given any show cause notice as to the quantum of punishment. According to the petitioner, the order of dismissal is bad in law, illegal and mala fide. After giving notice demanding justice, the petitioner has come to this Court for quashing the order of dismissal by the issue of writ of mandamus commanding the respondents to recall or rescind or cancel the order of dismissal from service (marked Annexure "E") and to reinstate the petitioner immediately in service with all arrears, salaries and benefits and other reliefs.

(3.) Sri Nitai Das, the writ petitioner in C.O. 1884 (W) of 1993 was appointed by the Respondent No. 3 (Managing Director, W.B. Cooperative Spinning Mills Ltd. at its workshop at Serampore) on July 1, 1978 as a dropping boy. He rendered satisfactory service to the management and was promoted to the post of Back Tenter. On February 15, 1992 the Respondent No. 4 (the Technical Manager, W.B. Co-operative Spinning Mills Ltd. Serampore) issued a show cause notice against the petitioner under para 27(viii) of the Model Standing Orders of the Government of West Bengal as to why disciplinary action should not be taken against him for his alleged forced entry inside the factory premises on February 3, 1992 at 9.30 a.m. disregarding the prevalent practice. A show cause notice was filed by the petitioner. The same consequences followed and he was ultimately dismissed from service. He was not given a copy of the inquiry report nor was he given the opportunity of second show cause against the punishment. According to him, the order of dismissal is bad in law and illegal and mala fide. After giving notice demanding justice he has come to this Court for the same relief as in the other case.