BIMAL CHARAN MITRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) SHRI Bimal Charan Mitra files this petition under Article 226 of the Indian Constitution with a prayer for issue of a Writ of Mandamus or any other Writ as may be deemed fit by the Court.

(2.) THE petitioner was appointed as Personal Assistant to the Minister for Law, Development and Health Departments and was drawing a salary of Rs. 305/ - per month in the scale of Rs. 175 - 350. File No. I. Med. XII A/1 of 1952 relating to the Health Department of the Government of Orissa was sent by the Secretary Health Department to the Minister for Health inside a closed cover on 24th of July, 1952 and was received at the Minister's office on the same date. The Minister disposed of this file as also several other files on 25th of July, 1952. It so happened that all other files excepting this one which were disposed of by the Minister on that date were despatched back to the respective departments promptly on the same day by the Gr. I assistant Shri Sankarsan Samal and the Diarist Shri Bijoynath Das of the Minister's office. This file however, remained in the Minister's office till 22nd of August, 1952 when the Diarist put the file in a cover, sealed it as it was confidential and returned it to the Secretary, Health Department. The file, however, was found in an open condition along with other files by the Secretary, Health Department. On 23rd of August, 1952, the file was received by the Assistant Secretary of Health Department, who for the first time, noticed that the Minister's order dated 25th of July, 1952 had been scored through. He, therefore, resubmitted the file to the Secretary on that very day. It is to be noted that the Minister concerned was absent from Orissa from 30th of July, 1952 till 30th of October, 1952 as he had been to the United States of America on some official duty. On the Minister's return from America and resuming his duties here on 30th of October, 1952, he could detect the aforesaid order of 25th of July, 1952 having been scored through and, therefore, on his suggestion a preliminary enquiry was started by Shri E.B. Samuel, Under Secretary of Home Department. On 16th of December, 1952, the said Under Secretary took down the statements of Shri Bijoynath Das, Diarist of Minister's office, Shri S. Nayak, Assistant Secretary, Health Department. Shri Pulin Kumar Mitra, assistant of Health Department and Shri Gabriel Subudhi, Diarist of Health Department, all in the absence of the petitioner. On 23rd of December, 1952. he took down the statement of the petitioner. He also took down the statement of Shri Sankarsan Samal, Gr. I assistant of the Minister's Office on 12th of January, 1953 in the absence of the petitioner. On a close of the preliminary enquiry four charges were framed and handed over to the petitioner on 18th of February, 1953. The charges are as follows :

(3.) THE second point taken by Mr. Pal is that the provisions of Article 311 of the Constitution have not been complied with as the letter containing the proposed punishment is not accompained with the grounds on the basis of which the punishing authority proposes such punishment.In other words he contends that the public servant against whom proceedings are pending is entitled to know the conclusions arrived at by the punishing authority for proposing such a punishment in order that he may be able to be in a position to defend his case. The public servant should not be left in the dark about the conclusions of findings of the punishing authority and a mere service of notice of the proposed punishment cannot be deemed to be giving a reasonable opportunity to the public servant for showing cause against the action proposed to be taken in regard to him. In our opinion there appears to be sufficient force in this contention. It would be better to produce here entire notice proposing the punishment. Government of Orissa. Home Department. Memo No. 4565/A. DatedCuttack, 2 -4 -1953. To Sri Bimal Ch. Mitra, Personal Assistant to Minister, Law (under suspension) Mitrapara, Town Cuttack. In Home Department Order No. 360 -C., dated 18 -2 -1953 charges were framed against Sri Bimal Ch. Mitra and communicated to him in Memo No. 361 -C, D/ -18 -2 -1953. The explanation furnished by him has been carefully considered with reference to the documents available in the Home Department and it has been proposed that the following punishment will be inflicted on him.