KALIPADA GHOSH Vs. SUB DIVISIONAL OFFICER VISHNUPUR

JUDGEMENT

(1.) The petitioner was appointed Tahsildar, by the agreement at Annexure 'A' to the petition, executed by the Additional District Magistrate, Burdwan, on behalf of the Governor and he was discharged by the order at Annexure 'C', with effect from the date of the order, i.e., the 31st January, 1962, "for misappropriating Government money and tampering with official records".

(2.) The only point pressed on behalf of the petitioner at the hearing is that the impugned order at Annexure 'C' is bad because of contravention of Article 311 (2) of the Constitution as well as the provisions of the Bengal Subordinate Services (Discipline and Appeal) Rules, which were attracted by Clause 4 (e) of the Agreement. Admittedly, no opportunity was given to the petitioner to show cause before the impugned order was made nor any notice given.

(3.) Though the Agreement at Annexure 'A' was for the period from the 1st June 1957 and the 1st August, 1957, it is both parties' case that this was renewed till the date of the impugned order and that the question at issue is to be decided on the terms of the Agreement.