(1.) The writ petitioner by a Memo dated 22nd June, 1976 was appointed to act temporarily as Peon-cum-Process Server under the Labour Directorate of Government of West Bengal subject to satisfactory police verification and medical examination. A true copy of the appointment letter has been annexed with the writ petition and marked as letter "A". He states that while he was serving under the Block Development Office, Suri-I, Birbhum he was arrested by police on 12th March, 1979 in connection with a criminal case. He was detained in the police custody from 12th March, 1979 to 12th July, 1979 in connection with G.R. Case No. 259/79 (Sessions Case No. 46/79 of Suri Sessions Division). The petitioner states that at the time of his arrest on 12th March, 1979 he handed over an Earned Leave application to his brother to submit the same to his office on his behalf. The said application was submitted in the office on 14th March, 1979. The Block Development Officer, Suri-I by his Memo dated 23rd March, 1979 informed the petitioner to join office immediately. A copy of the said memo has been annexed with the writ petition and marked "B". The said letter was handed over to the writ petitioner when he was in jail custody and in that view of the matter he could not comply with the direction of the said memo. On 17th April, 1979 the petitioner sent an intimation through the Jail Authorities to the Block Development Officer, Suri-I informing him that he could not attend his duties as he was detained in jail. A copy of the said letter has been annexed and marked "C". The petitioner was released in the morning of 13th July, 1979 and by the order of Court he had to leave the District of Birbhum for a month and put up with one of his relatives at No. 11, Central Sinthy Road, Flat No. KG/II, Dum Dum, 24-Parganas. From that residence he sent an intimation to the Block Development Officer, Suri-I stating why he could not resume his duties in terms of the order dated 23rd March, 1979. A true copy of the said letter has been marked as annexure "D" to the writ petition. No suspension order was passed upon the petitioner till the first week of July, 1979, during the pendency of the criminal proceeding, the petitioner was served with an order of termination of his service which was issued by the Labour Commissioner, Govt. of West Bengal on 6th July, 1979. By the said letter the Service of the petitioner was terminated with effect from 13th March, 1979. A true copy of the letter has been annexed with the writ petition and marked Annexure "E". Thus the letter terminating the service was given retrospective effect. The petitioner asserts that the respondent authorities have no right or authority to go beyond the rules and terminate the service of the petitioner according to their whims and caprices without due compliance with the provisions of W.B.S.R. part-I and of West Bengal Services (CC & A) Rules, 1971. The petitioner has further stated that the said criminal case has terminated in favour of the petitioner on 13.2.1980. A copy of the judgment is annexed with the writ petition and marked "F". The petitioner made representation before the authorities for withdrawal of the order of termination with a certified copy of the judgment of the learned Court. Thereafter, the petitioner received a letter from the Labour Commissioner, West Bengal on 20-9-86 in which it was stated that the petitioner's service was confirmed with effect from 1-12-1979. The said letter is annexed with the writ petition and marked as Annexure "G". The petitioner was served with another letter on 24-9-86 issued by the authorities concerned stating that the petitioner was promoted. A copy of the said letter has been annexed with the writ petition and marked "H". Thereafter the petitioner made several representations for allowing him to join his duties and for withdrawal of the termination order but he was not allowed to join.
(2.) Being aggrieved by and dissatisfied with the action of the respondents, the writ petitioner has come before this court for the issue of a Rule asking the respondents to show cause as to why a writ in the nature of mandamus should not go commanding them to recall, rescind, cancel, withdraw and forbear from giving effect to or any further effect to the impugned order being Annexure "E" to the writ petition and to allow the petitioner to join his duties on the basis of the order of Criminal Court being Annexure "P" to the writ petition and also for a writ of certiorari commanding the respondents to certify and transmit to this court all the records and papers for doing conscionable justice in this case and for other reliefs.
(3.) In the supplementary affidavit filed on behalf of the petitioner copies of four letters written by the petitioner to the Block Development Officer and the Labour Commissioner, Govt. of West Bengal were filed and made part of the record.