- (1.) THIS appeal at the instance of the West Bengal Khadi and Village Industries Board and others challenges the judgment and order passed by the Hon'ble single Judge making the Rule absolute. The petitioner in the main Rule challenged the order of suspension which is in the following terms : "west BENGAL KHADI and VILLAGE INDUSTRIES BOARD, 2, Ripon Street, Calcutta-16 order No. 237 date : 19. 7. 78. Whereas Disciplinary proceedings against Shri Dibyendu Prokash Bhattacharya, Auditor of the Board is being drawn up for insubordination, neglect of duty and other charges, Shri Bhattacharya is here by placed under suspension as directed by the Chairman, West Bengal khadi and Village Industries Board with effect from 10. 7. 7. 8 (afternoon ). It is further ordered that during the period of suspension the Head Quarter of Shri Bhattacharya will be at 2, Ripon Street, Calcutta-16 and that Shri Bhattacharya shall not leave Head Quarter without obtaining previous permission of the authority. It is further ordered that during the period of suspension he shall get half of his pay and other allowances as admissible to him under the rules as subsistence allowance. By order of the Chairman. Sd/- A. K. Ghosh, executive Officer. No. 1725 (5) dated 19-7-78. Copy forwarded for information and necessary action to :-1. Shri Dibyendu Prokash Bhattacharya, auditor, West Bengal Khadi and 2. Village Industries Board, 2, Ripon Street, Calcutta-16 Additional Executive Officer. 3. F. A. and C. A. O. 4. A/cs. Officer. 5. Administrative Section. Sd/- A. K. Ghosh, executive Officer ".
(2.) IT must be made clear that so far as the suspension order is concerned the portion by which the petitioner respondent was restrained from leaving head Quarters ' without obtaining the previous permission of the authority cannot be sustained and the Hon'ble. single Judge rightly set aside the order complained of to the extent indicated hereinbefore. We further say that the order was passed on 19. 7. 78 making the order retrospectively from 10. 7. 78 and when pointed out to this anomaly that there cannot be any retrospective suspension and the suspension order must take effect from 19. 7. 78 the learned Standing Counsel did not contend otherwise and, therefore, we must make it clear the order of suspension must take effect from 19. 7. 78 for the reasons already stated. We uphold the order of suspension prospectively from 19. 7. 78.
(3.) THE case of the petitioner in the main Rule is that he was appointed auditor in 1964. His employer is a- statutory body being the West Bengal Khadi and Village Industries Board. It is stated that the petitioner's condition of service is governed by the rules and regulations framed in accordance with the provisions of the West Bengal Khadi and Village Industries Board Act, 1959. It is further stated that in the matter of condition of service the Chairman is responsible for implementing the decision of the Board but has no power or authority to give directions affecting the condition of service or in other words the Chairman has no power to pass an order of suspension of an employee under the Board. The Hon'ble single Judge was pleased to uphold these contentions of the petitioner and made the Rule absolute. Being aggrieved by the said order the West Bengal Khadi and Village Industries Board (hereinafter called the Board) preferred the present appeal.;