HEMANTA KUMAR BHATTACHARJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) The facts in this case are briefly as follows: The petitioner Hemanta Kumar Bhattacharjee, was employed in the Postal Department as Sub-Post Master of the Mission Row-Post Office. On 2-9-1950, he was arrested on a charge under Sections 261, 262 and 409 I. P. C.. read with Section 5(2) of the Prevention of Corruption Act. On 5-9-1950, he was suspended, with effect from 2-9-1950. He was sent up tor trial before the Chief Presidency Magistrate, Calcutta who discharged him on 13-10-1950. On 16-1-1951 he was resummoned on the identical charges by the Chief Presidency Magistrate. By a notification of the West Bengal Government dated 1-2-1951, the case of the petitioner was allotted to the Court of a Special Judge, Mr. S. C. Dutta Gupta under West Bengal Act XXI of 1949. The petitioner thereupon moved the High Court in Criminal Misc. Revn. no. 283 of 1951 & on 4-4-1952, a special bench of this Court, quashed the proceedings in the Court of the Special Judge, being of the opinion that Section 4(1) of West Bengal Act XXI of 1949, was ultra vires the Constitution, and directed that the accused was to be held as an under-trial prisoner. Next, the petitioner moved this Court against the order of suspension dated 5-9-1950 (matter No. 215 of 1951). On 13-3-1952 Bose, J. held that as soon as the petitioner was discharged on 13-10-1950, the suspension order had spent its force. The learned Judge made the rule absolute, directing the respondents, to forbear from giving effect to the order of suspension (Hemanta Kumar Bhattacharjee v. N. N. Sen Gupta). Thereupon, on 29-4-1952, two separate memorandums were issued to the petitioner by the Superintendent of Post Offices, South Calcutta (Respondent No. 4).

(2.) By one of them, the petitioner was released from suspension and re-instated as a clerk of the Park Street town Sub-office with effect from 13-10-1950. By the other, he was placed under suspension with effect from 16-1- 1951, pending investigation into his conduct. Subsequently on 9-5-1952 the memorandums were modified to certain extent as regards pay, allowances etc. On 9-4-1952 the Government of West Bengal promulgated Ordinance No. VIII of 1952, amending the West Bengal Criminal Law Amendment Special Courts Act, 1949. On 11-6-1952, Mr. J. C. Lodh to whom the petitioner's case had been allotted, issued summons under Ordinance VIII of 1952, On 30-7-1952 the ordinance was replaced by Act XII of 1952. The petitioner moved the High Court in C. Rev. No. 591 of 1952. This matter came up before a division bench presided over by Lahiri, J. On 24-3-1953, the learned Judges held that the ordinance expired on 28-7-1952, and the Act No. XII of 1952, did not contain any continuance clause. It was therefore held that proceedings commenced tinder the Ordinance could not continue beyond 29-7-1962. The proceedings be- fore Mr. J. C. Lodh, were accordingly quashed. The learned Judges stated that it was not necessary for them to express any opinion as to whether any fresh proceedings could be started against the petitioner.

(3.) Meanwhile, the petitioner had made an application to this Court under Article 226 of the Constitution, against the orders contained in the memorandum dated 29/4/1952 (matter No. 72 of 1952). This rule was discharged by Bose, J. on 2/1/1953, against which the petitioner preferred an appeal, being F. M. A. No. 40/53. On 11/8/1953, a divisional bench of this Court, presided over by Chakravartti, C. J. allowed the appeal. It was held that there could not be any such thing as a retrospective order of suspension. The application was allowed in part, and the respondent was directed to cancel forthwith his orders dated 29/4/1952, and 9/5/1952, so far as they purported to place the appellant under suspension during the period between 16/1/1951 and 28-4-1952, both inclusive, and to forbear from giving effect thereto. This is a reported case, Hemanta Kumar Bhattacharjee v. S. N. Mukherjee.