HARIPADA MOITRA Vs. PRESIDENT CALCUTTA IMPROVEMENT TRIBUNAL

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution for setting aside an order dt. March 10, 1965, passed by the opposite party President Calcutta Improvement Tribunal, dismissing the petitioner and imposing a penalty by way of deducting a portion of the contributory provident fund.

(2.) The petitioner Haripada Moitra joined the Improvement Trust Tribunal as accountant in 1935 and was promoted as Chief Ministerial Officer in 1938, the designation of which part was changed to Superintendent of the Improvement Tribunal. His retirement was due on March 15, 1959 on attainment of the age of 55 but he was granted extension of service for one year at a time for six such terms, the last of which expired on March 15, 1965.

(3.) In 1936, the then President of the Tribunal directed the petitioner to look after the records of the tribunal in addition and to stay in a portion of the office premises of the tribunal as a Court keeper, though such stay was not a condition of the employment relating to this additional work. In 1941, Government sanctioned a special allowance of Rs. 30 for this additional job which however, did not entail any responsibility for furniture of the tribunal, as he was placed merely in overall supervision of the furniture. In August 1, 1964, he relinquished the charge of this additional work, under pressure from the opposite party, president of the tribunal.