PASHUPATI HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against an order passed by the learned Trial Judge dated 25.11.96, in connection with the two Civil Rules being C. R. Nos. 8089(W) of 1982 and 11115(W) of 1980 respectively. By a common judgment, the learned Trial Judge disposed of the Rules, upholding the dismissal order of the petitioner which became the battle ground in this litigation when this appeal has been preferred for reversal of the order of dismissal.

(2.) However, to get a grip to the core controversy behind the dismissal, the case of the appellant can be get out in few wards, who is writhing in agony.

(3.) The petitioner was inducted in the office of the Collector of 24-paraganas as a peon in the year 1948, by the Collector of the District. In view of his unbecoming conduct, the District Magistrate triggered off a departmental proceeding against the petitioner within the realm of Rule 10 of the West Bengal Services (Classification, Control and Appeal) Rules, 1971, by the reason of his acquisition of immovable properties for the period between 1967 and 1968 in contravention of Rule 15(2) of the Govt. Servants' Conduct Rules, 1959. It is needless to repeat, that the property acquired by him was disproportionate to the known sources of his income. The petitioner, on being charge sheeted, solicited to be represented by a Lawyer, which, however, stood rejected. The departmental proceedings ensued and that he was adjudged guilty of all the charges. A second show-cause notice was issued consequent upon finding him guilty on the score as to why he should not be dismissed from service.