Grover, J. - (1.) This is an appeal by certificate from a judgment of a Division Bench of the Calcutta High Court reversing the judgment and decree of a learned Single Judge made in exercise of original jurisdiction in a suit filed by the appellant.
(2.) The record of the case is voluminous and apparently that led to very lengthy judgments both by the Single Judge and the Division Bench. A host of facts have been introduced out of which it is necessary to state only those which are relevant for the purpose of the disposal of the points before us. The appellant was appointed Station Officer in the Bengal Fire Service in 1943. In March 1949 he was appointed to act as Assistant Director of Fire Services and Regional Officer, Calcutta Industrial Area until further orders. S. Bose, who was appointed Director of Fire Service on or about the same date received some complaints against the appellant. He made certain preliminary enquiries. In the beginning of May 1949 Bose informed the appellant that the post of Assistant Director Fire Service would be treated as abolished with effect from the date of the appointment of, the appellant as Assistant Director. This led to protests by the appellant against the abolition of that post. A lot of acrimonious dialogue started between Bose and the appellant; the former made his final report to S. K Gupta, Secretary Local Self-Government as to the charges which were to be preferred against the appellant. On July 12, 1949 the appellant was suspended. On July 19, 1949 a communication containing the charges against the appellant was sent to him by S. K. Gupta, Secretary Local Self-Government. It is necessary to reproduce it in extenso: "Charges. Whereas it has been made to appear to the Government of West Bengal - (1) that you, Sri S. C. Chakravarty, Regional Officer, Calcutta Industrial Area, West Bengal Fire Service incited the subordinate staff of the said service by circulating false rumours regarding the retrenchment policy of the Government, thereby spreading insubordination and discontent within the Force (2) that you, Sri S. C. Chakravarty, Regional Officer, Calcutta Industrial Area, West Bengal Fire Service, took an active part in a conspiracy to implicate the present Director of Fire Service West Bengal in a false case by planting firearms in his office and to injure him by planting a time bomb in his car when he might be going on inspection (3) that you. Sri S. C. Chakravarty, Regional Officer, Calcutta Industrial Area, West Bengal Fire Service, have been guilty of (a) wilful disobedience of Government Order directing you to stay at your headquarters at Barrackpore and of the order of the Director Fire Service to produce the petrol log book of your inspection car; (b) grave negligence of duty, failure to attend office on many days and irregular attendance even on the days when you came to office, resulting in accumulation of work (c) fabricating false entries in the cash book by putting signatures on dates when you did not attend office (d) taking illegal issue of petrol from the accounts of different fire stations in addition to the quota allotted to you for your use; and (e) cooking up false complaint against some members of the staff of the West Bengal Fire Service whom you tried to rope in into the conspiracy but failed and refusing permission to them to see the Director, Fire Service, apprehending a disclosure. And whereas these acts of indiscipline, conspiracy, negligence in the performance of your duties and other irregularities were committed by you while you were holding the responsible position of the Regional Officer, Calcutta Industrial Area, in a disciplined organisation like the West Bengal Fire Service and which, therefore, amounted to an abuse or misuse of the position so enjoyed by you. Now, therefore, you are directed to show cause why you should not be dismissed from the service of the Government or otherwise suitably punished departmentally. The enquiry will be conducted by the undersigned. Sri. S. C Chakravarty is directed to put in a written statement of his defence by the 8th August 1949, and to state within the time aforesaid whether he desires to be heard in person. Sd. illegible. Secy to the Govt. of West Bengal". Local Self Government Department, Calcutta The 19th July, 1949.
(3.) It is common ground that, a statement of the allegations on which each charge was based was never sent to the appellant. He sent a letter dated August 5. 1949 with reference to the communication containing the charges. He emphatically denied what had been alleged against him and described charges as false and actuated by mala fides What is worth noticing is that the appellant in categorical terms stated that the charges and allegations were vague, indefinite and lacking in material particulars and pointed out that "unless the charges are made specific to the point and contain full details with date, time, place, and person etc. it is impossible for me to meet them properly" No further particulars or details were supplied at that stage or subsequently. S. K Gupta submitted his report on May 1, 1950. He found charges 1, 2 and 3 (b) as having been proved against the appellant Charge 3 (a) was dropped. As regards charges 3 (c) and 3 (d) it was found that there had been gross negligence on the part of the appellant in attendance as well as in carrying out all his ordinary duties, viz., checking and signing of the cash book and disposal of current work including grant or refusal of leave applications. The appellant was not found guilty of charge 3 (e) . On June 10, 1950, the Deputy Secretary to the Government, West Bengal, sent a notice to the appellant in which it was stated that in view of the findings of the Enquiry Officer he was considered to be unsuitable for retention in service and it was proposed to remove him. A summary of the findings of the Inquiry Officer was sent and the appellant was directed to show cause why he should not be removed from the service of the Government. The appellant wrote a long letter on July 1, 1950 in which he once again pointed out that according to law he was entitled to have a statement of allegations on which each charge was based before the enquiry started. But he was not given any such statement with the result that he could not defend his case properly. On June 16, 1950 the Director of Fire Services communicated an order of dismissal to the appellant who filed an appeal to the Government without any success. In August 1951 the appellant moved the High Court under Article 226 of the Constitution for quashing the order of dismissal. In April, 1952 the High Court acceded to the appellant's prayer and quashed the order of dismissal on the sole ground that the punishment which had been tentatively proposed in the show cause notice was removal and therefore an order of dismissal could not have been made. On May 15, 1952 the appellant called upon the Government to reinstate him in his post. On May 31, 1952 an order was made by the Governor, West Bengal, removing the appellant from service. A memorandum was sent by the Joint Secretary, Local Self-Government, along with a copy of the order of the Governor. It was stated therein that after a careful consideration of the report of the Enquiry Officer and the representation submitted by the appellant the Government, in consultation with the Public Service Commission, West Bengal, had decided that he should be removed from service.;