- (1.) The writ-petitioner is a Village Organizer Grade-I, attached to Goalpokher II Project, under the employment of West Bengal Comprehensive Area Development Corporation (hereinafter referred to as the said corporation). During his tenure of service, he was arrested in connection with a criminal case, viz., Chakulia P.S. Case No. 78/2003 for having committed offences punishable under Sections 447/341/323/325/379/34 of the Indian Penal Code. Following such arrest he was placed under suspension with immediate effect pursuant to an order passed by the respondent no. 4 under his Office memo no. P (HM)/308 dated 12.12.2003 with immediate effect. The said order of suspension is read as follows; "Sri Harilal Malaker, Village Organizer, Gr. I of Goalpokhar-II Project under WBCADC is hereby placed to suspension with immediate effect in terms of clause 'C' of sub-rule (1) of Rule 7 of West Bengal Services (Classification, Control and Appeal) Rules, 1971 which are being followed mutatis mutandis in respect of the employees of the Corporation. This order is being issued after consideration of the fact that a case against Sri Harilal Malaker in respect of some criminal offence is under investigation in reference to Chakulia P.S. Case No. 78/03, dated 02.10.03. Islampur Court. During this period of suspension he will be allowed subsistence allowances in terms of Rules 71 of WBSR Part-I. This order will remain in force until further order." Now, in this writ-application the aforesaid order of suspension has been challenged relying on a decision of Division Bench of this Hon'ble Court in the case of Suman Roy Chowdhury Vs. State of West Bengal & Ors., 2007 2 CalHN 339.
(2.) Although in spite of service of notice, none appears on behalf of the respondent nos. 2 to 4, the employer of the writ-petitioner but the learned Counsel appearing on behalf of the State at the very outset questioned the maintainability of this writ-application. He submitted that since the subject matter of challenge relates to condition of service and the writ-petitioner's condition of service is governed by West Bengal Services (Classification, Control and Appeal) Rules, 1971 and the petitioner is under the employment of a statutory corporation under the State of West Bengal, his remedy against the impugned suspension lies before the State Administrative Tribunal and not before this High Court. In this regard the learned Counsel of the State vehemently urged that even in the case of Suman Roy Chowdhruy vs. State of West Bengal & Ors. , the writ-petitioner approached the Hon'ble High Court after he lost before the State Administrative Tribunal.
(3.) So far as the objection raised by the learned Counsel of the State as regards to the maintainability of this writ-application, I find admittedly the writpetitioner is under the employment of West Bengal Comprehensive Area Development Corporation, a statutory Corporation, which is under the direct control of the State of West Bengal, both in regards to management of its day to day affairs and financial matters and the service condition of its employees is also governed by the provisions of West Bengal Services (Classification, Control and Appeal) Rules, 1971, still in order to bring the said corporation within the purview of the Administrative Tribunal Act 1985 for the adjudication for any dispute relating to service matter of its employees necessary notification under Section 15 of the Administrative Tribunal Act, 1985 is required to be issued. However, in this case neither the Counsel appearing on behalf of the State nor the learned Counsel of the writ-petitioner was able to enlighten anything on this question. This Court having no option suo motu called for a report through the registry from the said corporation, as to whether any such notification has been issued or not. Subsequently it is reported from the registry that in writing registry was informed by the Administrative Secretary of the said Corporation that no such notification was ever issued. Therefore, the objection taken by the learned Counsel of the State needs no consideration. The aforesaid letter of the Administrative Secretary of the said Corporation be taken on record.;