KALYAN DAS GUPTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an application under Article 226 of the Cc-istitution of India for quashing the order of the Appellate Authority dated 29/1/1988 contained in Annexure-6 and also to quash the order dated 2.3.1983 contained in Annexure-7.

(2.) I have "heard Mr A, Lodh, the learned counsel appearing on behalf of the petitioner and Mr. D. Chakraborty, the learned counsel appearing on behalf of the respondents.

(3.) The relevant facts are these :- The petitioner was appointed an L.D. Clerk under the District Administration by the then District Magistrate & Collector, Tripura in 1968. While he was serving in Nazarat Section under the District Magistrate & Collector, West Tripura, Agartala the petitioner was placed under suspension by respondent No. 3 vide Order No. F. 5 (36) /DM/W/ESTT/85/7911-13 dated 30th of November, 1985 on the ground that a disciplinary proceeding was contemplated against the petitioner. Thereafter the following charges were framed against the petitioner by the District Magistrate & Collector, West Tripura, Agartala :- GOVERNMENT OF TRIPURA OFFICE OF THE DISTRICT MAGISTRATE & COLLECTOR ESTABLISHMENT SECTION : WEST TRIPURA DISTRICT AGARTALA No. F. 5 (36) /ESTT/W/1651-52/ Agartala, the 6th March, 1985 MEMORANDUM The undersigned proposes to hold an inquiry against Shri Kalyan Dasgupta, L.D.C., under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The substance of the imputations of misconduct or misbehaviour in respect of which the inquiry proposed to be held is set- out in the enclosed statement of article of charge (Annexure-1). A statement of the imputations of misconduct or misbehaviour in support of such article of charge is enclosed ((Annexure-II) A list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained are also enclosed (Annexures-III & IV). 2. Shri Kalyan Dasgupta, LDC, is directed to submit within 10 days of the receipt of this memorandum a written statement of his defence and also to state whether he desires to be heard in person. 3. He is informed that an enquiry will be held only in respect of these articles of charge as are not admitted. He should, therefore, specifically admit or deny each article of charge. 4. Shri Kalyan Dasgupta, LDC, is further informed that if he does not submit his written statement of defence on or before the specified in para 22 above, or does not appear in person before the Inquiring Authority or otherwise fails to refuse to comply with the provisions of Rule 14 of the C.C.S. (C.C.& A) Rule, 1965 or the orders/ directions issued in pursuance of the asid rule, the Inquiring Authority may hold inquiry against him ex- parte. 5. The receipt of this Memorandum may be acknowledged. Sd/- Anil Misra. 6.3.86 DISCIPLINARY AUTHORITY District Magistrate & Collector West Tripura. To Shri Kalyan Dasgupta, LDC(under suspension), D.M's Office, West Tripura. 2. Copy to Sr. Dy. Magistrate, West Tripura, in Triplicate with request to please serve the original one to the delinquent concerned after taking receipt signature on the duplicate copy to return the same to this office. The third copy may be returned this office as record. STATEMENT OF ARTICLE OF CHARGE FRAMED AGAINST SHRI KALYAN DAS GUPTA, LDC, D.M'S OFFICE, WEST TRIPURA. ARTICLE OF.CHARGE NO.-I. Shri Kalyan Dasgupta while functioning as L D. Clerk (store-in-charge) in the Nazarat Section of the office of the D.M. & Collector, West Tripura during the month of November, 1985 failed to maintain absolute integrity and devolion to duty as enjoined in Rule 3 of the Tripura Services (Duties, Rights & Obligations of the Government Employees) Rules 1982 as he attempted to remove unauthorisedly 13 (thirteen) bundles or polythine sheets from the Store of D.M. 's Office, West Tripura without any order of the competent authority on 20.11.85 at about 7.50 A.M. for his personal gain. His attempt was foiled when Shri Ajit Sukladas, Habilder of SSF, Secretariat, Agartala accompanied by other police constables on duty caught him red handed and challenged Shri Kalyan Dasgupta on the spot. Such activities on the part of a Govt. servants is unbecoming and amounts to gross misconduct which warrants disciplinary action under the provisions of CCS (C.C & A) Rules, 1965. STATEMENT OF IMPUTATION OF MISCONDUCT OR MISBEHAVIOUR IN RESPECT OF WHICH THE ARTICLE OF CHARGE FRAMED AGAINST SHRI KALYAN DAS GUPTA, LDC. D.M/S OFFICE, WEST TRIPURA. ARTICLE OF CHARGE NO. 1. That the said Shri KaJyan Dasgupta while functioning as L.D.Cleark (Store-in-Charge) in the Nazarat Section of the Office of the D.M. & Collector, West Tripura during Ihe month of November, 1985 failed to maintain absolute integrity and devotion to duty as enjoined in Rule 3 of the Tripura Services (Duties, kights & Obligations of the Govt. Employees) Rules 1982 inasmuch as he attempted to remove unauthoriedly 13 (thirteen) bundles of ploythine sheets from the store of D.M's Office West Tripura on 20,11.85 at about 7.50 A.M. without any order of the competent authority for his personal gain. At that time Shri Ajit Sukladas, Habilder of SSF Secretariat Agartala accompanied by other police constables caught him red handed. Such activities on the part of a Government servant is unbecoming and amounts to gross misconduct and warrants disciplinary action under the provisions of the CCS (C.C. & A) Rules, 1965, ANNEXURE-III LIST OF DOCUMENTS BY WHICH THE ARTICLE OF CHARGE FRAMED AGAINST SHRI KALYAN DAS- GUPTA, LDC ARE PROPOSED TO BE SUSTAINED. 1, Prayer of Shri Ajit Sukladas, Habildar, SSF Secretariat, Agartala dated 20.11,85 which has been forwarded by the Dy. S.P, SSF Agartala, West Tripura. 2. Report of Shri J. Chkraborty, Senior Deputy Magistrate dated 27.11,85. ANNEXURE-IV LIST OF WITNESSES BY WHOM THE ARTICLE OF CHARGE FRAMED AGAINST SHRI KALYAN DASGUPTA ARE PROPOSED TO BE SUSTAINED. 1. Shri Ajit Sukladas, Habildar, SSF Secretarial, Agartala. 2. Shri Narayan Deb, Habildar of SSF, Secretariat, Agartala 3. Shri Bimal Das, ASI (SB) of SSF Secretariat, Agartala. 4. Shri Khirgopal Singh, Constable No. 866 of Secretariat, Agartala. 5. Shri Ranjit Deb Barma, Constable No. 690 of Secretariat, Agartala. 6. Shri Jaharlal Saha, Constable No. 858 of Secretariat, Agartala. 7. Shri Manik Lal Dey, Constable No. 886 of Secretariat. Agartala. 8. Shri Brajagopal Sarkar, Constable No. 697 of Secretarial, Agartala. 9. Shri Satya Rn. Sarkar, Constable No. 801, of Secretariat, Agartala. 10. Shri Charan Deb Barma, Constable No. 694 of Secretariat, Agartala. 11. Shri Budhir Deb Barma, Constable No. 760 of Secretariat, Agartala. 12. W.C. 5017 Sankarnath Bhowmik (SB) of Secretariat, Agartala. 13. Shri Joydeb Chakraborty, Senior Deputy Magistrate. Sd/- Anil Misra, 6.3.86 DISTRICT MAGISTRATE & COLLECTOR WEST TRIPURA