GOBINDA PRASAD DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let the notice showing service upon the respondents filed in court today be kept on record. No one appears for the State respondents. Mr. Satyajit Mondal, learned Advocate, appears for the respondents Nos. 4, 6 to 14 and 16 to 24 and files a Vakalatnama on their behalf. Let it be also kept on record.

(2.) Heard the submissions of the learned Senior Advocate for the writ petitioner, Mr.P. K. Ray appearing with the learned Advocates Mr. P. Nath and Mr. Prabir Banerjee and the learned Advocate for the respondents Nos. 4, 6 to 14 and 16 to 24, Mr. Satyajit Mondal. Considered the materials on record.

(3.) The grievance of the Writ petitioner is that his service has been terminated without giving any opportunity to him to show cause. It has further been alleged that no notice was ever served on him. The petitioner was working as job assistant of Ramganga Gram Panchayat and he was arrested in connection with a case under section 498A/325 of the Indian Penal Code, being Pather Pratima P.S. Case No. 48 dated 30.4.94 and the same was registered and he was taken into custody and he was kept in the custody for more than 48 hours. He was placed under suspension even though the order of suspension was not served on him. The panchayat authorities asked for a report from the District Panchayat Officer, 24Parganas (South), PS. Alipore, and the said officer explained the position that under Rule 37 of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 1981, the petitioner can be suspended. On such recommendation, though suspension order was issued against the petitioner, that was never served. Ultimately the criminal case ended in compromise. In the meantime, another notice, though issued but net served, against the petitioner alleging that he is guilty of other offences and that is contained in Annexure 'H' at page 28 of the affidavit-in-opposition. Unfortunately that notice was also not served. But a resolution was taken by the members of the Gram Panchayat on 22nd June, 1994, terminating the service of the petitioner. Rule 37 of the West Bengal Panchayat (Gram Pauchayat Administration) Rules. 1981, inter alia, envisages as under :-