GOLAM RASUL Vs. PUBLIC SERVICE COMMISSION
LAWS(CAL)-1963-3-19
HIGH COURT OF CALCUTTA
Decided on March 06,1963

GOLAM RASUL Appellant
VERSUS
PUBLIC SERVICE COMMISSION Respondents


Cited Judgements :-

R SHAMANNA VS. STATE BANK OF MYSORE BANGALORE [LAWS(KAR)-1996-11-30] [REFERRED TO]
B C BASAK VS. INDUSTRIAL DEVELOPMENT BANK OF INDIA [LAWS(CAL)-1983-5-26] [REFERRED]


JUDGEMENT

B.N.BANERJEE, J. - (1.)THE petitioner, Golam Rasul, was a driver of a motor vehicle under the Public Service Commission, Went Bengal. On 16 December 1958, the petitioner was charged with misconduct as hereinbelow set out: 'Whereas it appears that you, Golam Rasul, driver of car No. WBD 9798 of the Public Service Commission, West Bengal, were guilty of serious misconduct and dishonesty, in that you accompanied by Md Farouk, cleaner of the said oar, went to shed No. 9at 11 -A, Free School Street, between 7 and 7 -30 a.m. on Saturday. 22 November 1958, and again at about 8 -30 a.m. on Tuesday, 25 November 1958. and removed without authority, permission or the knowledge of your superior officers a large number of blank examination answer books valued at nearly Rs. 500 from the inner room of shed No. 9. Now, therefore, you are hereby directed to show cause within 15 days of the receipt of this memorandum why you should not be dismissed from service or other -wise suitably punished under Rule 7 of the Bengal Subordinate Services (Discipline and Appeal) Rules, 1936, for the said misconduct.
(2.)THE enquiry into the said charge, however, did not proceed, because the petitioner was facing a criminal trial before a Presidency Magistrate, Calcutta, on a charge of theft of blank answer -papers. The learned Magistrate, however, discharged the petitioner on 29 January 1959, because no report from the investigating officer was forthcoming. On the same criminal charge, the petitioner and another person named Md. Farouk were again put to trial before Mr. S.K. Ganguly, Presidency Magistrate, but on 23 June 1959, the petitioner was acquitted of the charge by the labour Magistrate with the following observations: I am perfectly convinced that the accused persons did not commit theft of any paper belonging to the Public Service Commission as alleged. Prosecution failed to establish the charge against the accused.
After his acquittal, the petitioner submitted an application before the Secretary of the Public Service Commission praying for disposal of the disciplinary proceeding against him in the light of the order of his acquittal passed by the criminal Court.

(3.)THEREUPON , the petitioner was served with a fresh chargesheet, on 23 November 1959, which reads as follows:
Whereas it appears that yon Golam Rasul, driver of oar No. WBD 9798 of the Public Service Commission, West Bengal, were guilty of serious misconduct and dishonesty in that you accompanied by Md. Farouk, cleaner of the said car, went to shed No. 9 at 11 -A, Free School Street, between 7 and 7 -30 a.m. on Saturday, 22 November 1958, and again about 8 -30 a.m. on Tuesday, 25 November 1958, and removed without authority, permission or the knowledge of your superior officers a large number of blank examination answer -books valued at nearly Rs. 500 from the inner room of shed No. 9; And further, that you grossly abused your position as driver of the office oar by taking the oar surreptitiously and without authority to shed No. 9 at 11 -A, Free School Street, between 7 and 7 -30 a.m. on 22 November 1958 and at about 8 -30 a.m. on 25 November 1958 and were thus guilty of serious misconduct;
Now, therefore, you are hereby directed to show cause within 15 days of the receipt of this memorandum why you should not be dismissed from service or otherwise suitably punished under Rule 7 of the Bengal Subordinate Services (Discipline and Appeal) Rules, 1936, for the said misconduct.


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