A.K.Mathur, C.J. - (1.) This is an appeal directed against the order dated 27th July, 1968 passed by the learned single Judge whereby he has allowed the writ petition and quashed the order of the petitioner's dismissal and directed his reinstatement with full back wages. Aggrieved against this order the State of West Bengal has preferred the the present appeal.
(2.) The brief facts which are necessary for disposal of this appeal are that the petitioner joined the service of the Co-operative Directorate in the year 1963. In the year 1970 the petitioner was deputed as Executive Officer of the Hill Marketing Co-operative Agricultural Society Limited. The petitioner was placed under suspension on 11th May, 1980 and thereafter a charge sheet was served on the petitioner. The Commission of Departmental Inquiry (in the rank of a District Judge) was appointed as Inquiry Officer to inquire into the charges against the petitioner. The Joint Registrar of Co-operative Societies, Administration was appointed as Presenting Officer. An application was made by the petitioner for assistance of a lawyer. That prayer was not accepted. The evidence was recorded on various dates. About 17 witnesses were examined on behalf of the petitioner and the petitioner submitted a written statement of defence denying these charges. After the inquiry, the petitioner was found guilty of the charges. The Inquiry Officer submitted his report on 15th July, 1977 and the Registrar of the Co-operative Society accepted the inquiry report and issued a seconed show cause notice on 29th September, 1980. The Registrar of Co-operative Society passed an order of removal from service on 12th December, 1980. The petitioner filed an appeal against the said order of removal dated 12th December, 1980. The appellate authority set aside the order of the Disciplinary Authority holding that the second show cause notice was not valid and revoked the removal order but directed the petitioner to continue to remain under suspension. The Disciplinary Authority was further directed to pass a fresh order after issuing a second show cause notice. Thereafter the second show cause notice was issued and after receiving reply from the petitioner finally on 2nd July, 1984 the order of removal from service was passed. Hence the petitioner filed the present writ petition challenging the order of dismissal.
(3.) While petitioner was working as an Executive officer of the Hill Marketing Co-operative Agricultural Socieity Limited in March, 1974 some anonymous mass complaints were received by the Vigilance Commission of certain omission and commission committed by the petitioner alleging therein that the petitioner has utilised the fund of the society for his personal use. An inquiry was conducted by the Vigilance Commission and they came to a prima facie conclusion that the matter requires to be inquired into. On the basis of the so called preliminary inquiry the petitioner was served with a charge sheet by the Disciplinary Authority and a departmental inquiry was initiated against him. The charges were also referred to by the Vigilance Commission for necessary advise. Thereafter on 10th February, 1976 the Registrar, Co-operative Society (Disciplinary Authority) served a charge sheet and Mr. D.K. Mitra, Deputy Superintendent of Vigilance Commission was appointed as Presenting Officer. Sri R. Banerjee was appointed as the Commissioner of Departmental Inquiry as Presiding Officer. Thereafter the Commissioner of Departmental Inquiry suggested that Sri J.P. Roy from Co-operative Department should be appointed as Presenting Officer, in place of D.K. Mitra, a police officer that request was acceded and Mr. Roy was appointed as Presenting Officer. An inquiry was conducted by the Commissioner of Departmental Inquiry which ultimately found the charges proved against the petitioner. The following articles of charges were framed against the petitioner, which reads as under : "Article of Charge I : That the said Sri Nripendra Nath Biswas while functioning as Executive Officer, Hill Agricultural Co-operative Marketing Society Ltd. during the period from 1970 to 15.5.71 realised a sum of Rs. 500/- (Rupees five hundred) only on 29.6.70 from the Gangarampur Agricultural Co-operative Marketing Society Ltd. on behalf of the Hill Agricultural Co-operative Marketing Society Ltd. against the Money Receipt No. 106 dated 29.6.70 of the Hill Agricultural Co-operative Society Ltd. nor was it entered in the cash book of the society and thus it prima facie appears that Sri Biswas misappropriated the said amount. Subsequently he deposited a sum of Rs. 500/- as on 16.2.74 with the Balurghat Central Co-operative Bank Ltd. by a challan in the name of Hill Agricultural Co-operative Marketing Society Ltd. Such conduct of Sri Biswas is improper and unbecoming of a public servant and also derogatory to the prestige of the Government and as such was violative of Rules 3 and 4 of the West Bengal Servants' Conduct Rules, 1959. Article of Charge II : That the said Sri Nripendra Nath Biswas while functioning as above had on 22.6.70 realised a sum of Rs. 550/- (Ruees five hundred and fifty) only on behalf of the Hill Agricultural Co-operative Marketing Society Ltd. from Dharampur Samabaya Krishi Unnayan Samity Ltd. though the claim of Hill Agricultural Co-operative Marketing Society Ltd. was for Rs. 497.80 and thus Rs. 52.20 was realised by Sri Biswas in excess of the claim of the said Hill Agricultural Society. Moreover, neither the said amount of Rs. 550/- was deposited by Sri Biswas to the Society nor it was entered in the cash book. Thus it prima facie appears that Sri Biswas misappropriated the amount of Rs. 550/-. Such conduct of Sri Biswas is improper and unbecoming of a public servant and also derogatory to the prestige of the Government and as such was violative of Rules 3 and 4 of the West Bengal Government Servants' Conduct Rules, 1959. Article of Charge III : That the said Nripendra Nath Biswas after making over the change of the Hill Agricultural Co-operative Marketing Society Ltd. to his successor on 15.5.71, approached Sri Kartick Chandra Adhikary, the Branch Manager of Kamarpara Depot, a Branch office under the said Hill Co-operative Society, on 18.5.71 and induced him to accept a sum of Rs. 450/- in cash, through a cash/credit memo, from Sri Biswas and also induced him to show a deposit of the said amount in the name of Dharampur Samabay Krishi Unnayan Samity Ltd. in the cash book against a back date, being dated 16.5.71. Sri Biswas is doing the same, induced the said Branch Manager to make necessary corrections and entries to the above effect in the cash book by striking out the closing balance already drawn on 16.5.71 to accomodate the said deposit. From the above facts, it prima facie appears that Sri Biswas got the said cash book illegally adjusted to his advantage by that Branch Manager exercising under influence upon him. Sri Biswas, thus, acted in a manner which is unbecoming and improper of a public servant and also derogatory to the prestige of the Government and as such was violative of Rules 3 and 4 of the West Bengal Servants' Conduct Rules, 1959. Article of Charge IV : That the said Niripendra Nath Biswas, while making over charge at the Hill Agricultural Co-operative Marketing Society Ltd. handed over to his successor along with other articles 49 quintal, 77 kg. of the rice which transpired to have been purchased without authority and without issuing any receipt to the sellers. After making over the charge Sri Biswas approached Sri Braja Rakhal Majumder, the then Secretary of the Hill Agricultural Co-operative Marketing Society Ltd. and Sri Basanta Kumar Sarkar, the then Manager of the Hill Agricultural Co-operative Marketing Society Ltd. to regularise the said unauthorised purchase of rice by showing the stock of the rice under DPA/cs. of the FCI and by taking undue advantage of his previous official position as the Executive Officer of the said Society, threatened them to the effect that serious consequences would follow if his instructions were not complied with. Under the aforesaid threat and presure Sri Basanta Kumar Sarkar, the then Manager of the Hill Agricultural Co-operative Marketing Society Ltd. transferred the said rice stock from the agricultural commodities A/c to the DP A/c on 19.5.71 with the permission of the said Secretary of the Society who gave such permission under the threat and pressure as mentioned above and for doing the same false, and fictitious purchase receipts were prepared as per direction of the said Sri Biswas. Sri Biswas thus acted in a manner which was improper and unbecoming of a public servant and also derogatory to the prestige of the Government and as such was violative of Rules 3 and 4 of the West Bengal Servants' Conduct Rules, 1959. Article of Charge V : That the said Sri Nripendra Nath Biswas while functioning as the Executive Officer, Hill Agricultural Co-oprative Marketing Society Ltd. during the period from 1970 to 15.5.71 did not maintain proper and accurate records and accounts of the working of the society and did not sign the cash book regularly sometimes for months together, thus he violated the provisions of Clause (IV) of Rule No. 48 of the Bengal Co-operative Societies Rules, 1942.";