MONORANJAN DAS Vs. COMMISSIONER PRESIDENCY DIVISION

JUDGEMENT

(1.) In this Rule the petitioner prays for quashing an order of his dismissal from service. Briefly, the facts set out are as follows:

(2.) The petitioner was a process server In the office of the Income Tax Certificate at No. 169, Lower Circular Road, Calcutta. While so working there he was criminally prosecuted for accepting illegal gratification from one Hiralal Ghosh, Accountant of a Firm E. R. Joseph and Co., at No. 9, Waterloo Street. On or about 21st April, 1961 the Investigating Officer made an application for discharge of the petitioner on the ground that no sanction of the petitioner's appointing authority could be obtained on the ground of insufficient evidence. The petitioner was accordingly discharged by the Chief Presidency Magistrate. Calcutta.

(3.) In the meantime a disciplinary proceeding was started. Charge-sheet was issued by the Collector, 24 Parganas charging the petitioner with "taking illegal gratification of Rs. 150/- from said Hiralal Ghosh of the said firm". The petitioner submitted his written explanation. Thereafter, an enquiry was held by Sri A. Sen, Deputy Collector and eventually a report was submitted recommending the petitioner's dismissal from service on a finding that the petitioner at least demanded illegal gratification from Hiralal.