M.H.S. Ansari, J. - (1.) The instant writ application is directed against the order to the Ld. West Bengal Administrative Tribunal in Case No.TA-5/96 dated 3rd November,1998 dismissing the petition filed by the writ petitioner herein and upholding the disciplinary proceeding as also the punishment imposed by the disciplinary authority.
(2.) The petitioner has been awarded the punishment of "Compulsory Retirement".
(3.) A disciplinary enquiry was initiated against the writ petitioner on the following charges" "(i) while functioning as Uro-Surgeon in the Department of Urology in S.S.K.M. Hospital during the period from 1.2.89 to December, 1994, the petitioner received fee of Rs.100/- at his residence-cum-Chamber at BG-20, Sector-II, Salt Lake from Smt. A. Choudhury of 330, Dum Dum Park, which is prohibited as he was a non-practising Surgeon; (ii) that he distributed leaflets to Outdoor patients in the S.S.K.M. Hospital canvassing his private practice at his residence at BG-20, Sector-II. Salt Lake and (iii) that in course of his private practice, he used to refer the patients for pathological Examination/diagnostic test in Duncun, Appolo and Wockardt etc. for deriving personal benefit.";