ARABINDA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner Arabinda Ghosh, a planning assistant of the Siliguri Planning Organisation, has in this Rule challenged the order of termination of his service dated March 6, 1975, issued by the Director of the said Organisation.

(2.) On April 7, 1960, the Petitioner was appointed a planning assistant in the (sic) planning Organisation under the (sic) and Planning Department of the Government of West Bengal. He was declared quasi -permanent in the said post with effect from April 7, 1969. He fell ill and applied for leave with effect from July 9, 1971. He was granted leave salary up to September 25, 1971. Thereafter, he could not join his duties as he was arrested by the Police on July 15, 1972. He has been accused in a number of criminal cases and has been kept in detention as an under -trial prisoner in the Presidency Jail, Alipore. He is still under detention, but he has not yet been convicted in any criminal case.

(3.) It is contended on behalf of the Petitioner that the order of termination has been made in violation of the provisions of the service rules. As the Petitioners service was made quasi -permanent, his service was not liable to termination except in the same circumstances and in the same manner in which the service of a Government servant confirmed in a permanent post or in a permanent cadre was liable to be terminated as provided in Rule 6(1)(a) of the West Bengal Services (Temporary and Quasi -Permanent Service and Service with Permanent Status) Rules, 1967. The service of a Government servant confirmed in a permanent post or in a permanent cadre can be terminated on his attaining the age of superannuation or by compulsory retirement or by way of punishment as a result of any disciplinary proceeding brought against him. The Petitioner has not yet reached the age of superannuation and no disciplinary proceeding was brought against him. Rule 7(1)(c) of the West Bengal Services (Classification, Control and Appeal) Rules, 1971, provides that the appointing authority or any authority to which it is subordinate or any authority empowered by the Governor in that behalf, may place a Government servant under suspension where a case against him in respect of any criminal offence is under investigation or trial. Further, Sub -rule (3) of Rule 7 provides as follows: