JATINDRA NATH MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was a Revenue Officer at Malda at the material date. It is alleged that he made a complaint for undue interference against another officer Sri. Brahmachari, and out of grudge for that the latter instituted a criminal case against the Petitioner, complaining of breach of trust, cheating etc. on 5-4-1960. On the same date, the Petitioner was suspended by the order of the Collector, Malda, which is at Ann. A to the Petition (p. 19). It was followed by another order of the Secretary, Board of Eevenue to the same effect, dated 6-5-1960 (p. 20). During the pendency of the said criminal case, departmental proceedings were also instituted against the Petitioner by the charge-sheet, which is at p. 21 of the Petition, charging the Petitioner with misappropriation. On 6-11-1962. the Board gave sanction for the prosecution of the petitioner under the Prevention of Corruption Act on the same charge.

(2.) The Petitioner alleges that as a result of the representation of the petitioner that the Government should choose between the two forums, the Respondents dropped the departmental proceedings. Eventually on 22-9-1965 the petitioner was discharged in the criminal case, with the finding that there was no prima facie case against him (Ann. B. p. 43).

(3.) The petitioner's case is that with his discharge in the criminal case, the said order of suspension spent its force on 22-9-1965, but that the Respondents have failed to reinstate him, on demand, and are continuing to pay him subsistence allowance, as if he is continuing to be on suspension. The petitioner obtained this Rule on 20-5-1966, claiming-