RASHBEHARI PRAMANICK Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition is directed against the order made by the Block Development Officer, Habibpur, Malda, dispensing with the service of the Petitioner on December 11, 1963. Briefly, the facts relevant to the matters in controversy are as follows:

(2.) The Petitioner was appointed correspondence clerk by the Block Development Officer, Harishchandrapur Block, Malda, on September 1, 1959, in the scale of Rs. 125 -200 plus Rs. 45 as dearness allowance. While the Petitioner was working in Habibpur Block under the Respondent No. 2 on transfer, he was served with an order of suspension dated February 9, 1963, by the Respondent No. 2 with effect from the afternoon of the said date which also debarred him from entering the office compound. It was also stated in that letter that the charges against the Petitioner would follow. Instead of the charges a letter dated February 27, 1963, was written to the Petitioner consisting of quite a large number of allegations against him and he was asked to clarify his official conduct about the issues raised therein and submit his explanation within seven days of the receipt of that letter failing which, it was further stated, it would be considered that he had nothing to say on those issues.

(3.) Thereafter, the Petitioner entered into correspondence with the Respondent No. 2 in course of which he insisted on supplying him authenticated copies of several documents referred to in his letters dated April 6, 1963 and April 8, 1963. The Block Development Officer, Respondent No. 2, ultimately allowed him to make out the copies himself on inspection of the relevant records and documents in his office. The Petitioner, however, continued to record his grievance as copies of several other documents referred to in his letter dated June 11, 1963, were not allowed to be taken and pleaded his inability to submit any explanation to the allegations made in the said letter before any such copies were supplied. In course of such correspondence a charge -sheet dated July 15, 1963, containing as many as seven items with several sub -items of charges framed against the Petitioner, was issued to him by the Respondent No. 2. In the said charge -sheet, after recital of the charges, it was also stated that he (the Respondent No. 2) was satisfied that the Petitioner committed the above offences and, therefore, he was directed to show cause by July 20, 1963, why he should not be dismissed or removed from Government service or demoted in rank or grade or the increments of the Petitioner should not be withheld or otherwise he should not be suitably punished for the said offence (copy of the said charge -sheet is marked as annEx. A to the affidavit in reply given by the Petitioner on November 10, 1964).