(1.) On August 7, 1959, the Respondent State Government framed a set of Rules, known as the West Bengal Government Servants' Conduct Rules, 1959, in exercise of the powers conferred under the proviso to Article 309 of the Constitution. Rule 15 (4) of the said Rules is couched in the following language:
(2.) The circumstances leading to the issue of the notice above referred to are hereinafter stated in brief. The Petitioner, entered Government service in the year, 1936 and was working as Head Clerk, Loan Section, under the Collector of 24-Parganas, in the year 1962, at a monthly pay of Rs. 140 in the grade of Rs. 130 to Rs. 180. In July, 1961, he was served with a charge sheet, dated July 5, 1961, signed by B. Sen Gupta, the then Collector of 24-Parganas, couched in the following language:
(3.) The Enquiring Officer took evidence both oral and documentary and came to the following finding: