Bhagawati Prasad Benerjee, J. - (1.) In this application under Article 226 of the Constitution the petitioner had challenged the disciplinary proceeding including the charge-sheet, report of the enquiry and the punishment of removal from service passed by the Settlement Officer, Midnapore on 31st October 1981 which is annexure 'I' to the petition.
(2.) The petitioner was appointed as Amin in the year 1974 and in the year 1975 he was functioning as Amin in Settlement Camp No. 171, Hariharpur under Balichak Circle. The petitioner had occasion to make entries with regard to the nature of the land which were made by the petitioner subject to verification of higher officers. In January 1980 when the petitioner was posted as Amin under Settlement Charge Officer, Tamluk, the petitioner was served with a charge-sheet issued by the Settlement Officer, Midnapore dated 24th January, 1980 wherein it was alleged that while the petitioner was posted as Amin in settlement camp No. 171, Hariharpur under Balichak Circle, surreptitiously and unauthorisedly tampered the recorded classification of some plots of land of mauza Mirzanagar, J.L. No. 432 and mouza Nachhipur J.L. No. 434, police station Debra in Khasra. It was alleged that the change of actual classification of agricultural land to non-agricultural land made by the petitioner was against the interest of the State, inasmuch as, it was alleged that by such change the recorded, raiyats in whose khatian these plots were recorded, would be getting benefits in retaining more lands than they were entitled to hold under the Land Reforms Act. It was stated that the said Act on part of the petitioner was motivated and was to give benefit to the raiyats concerned. The list of the witnesses that were proposed to be examined in support of the charges, were the ex-charge officer, Kanungo and Amin of the Camp. On the basis of the charge-sheet a disciplinary proceeding was started and Sri A.K. Pattanayak was appointed as enquiry officer. Dhirendra Nath Dey Kanungo Grade II attached to Balichak centralized camp, Midnapore, was appointed as presenting officer.
(3.) In the said disciplinary proceeding before the enquiry officer the petitioner submitted a written statement wherein he had stated that he was not guilty of charges and the charges were as a result of deep rooted conspiracy against him. It was further stated by him that as Amin he was not aware of the legal implication and complication about the recording of classification of lands and that he had not surreptitiously and unauthorisedly tampered with the recorded classification of some plots. He had also denied that he not done any Act which is unbecoming of a Government servant and he had not violated any provisions of Government Servant Conduct Rules. It was further denied that he had not surreptitiously changed the recorded classification of some plots and he had done nothing of his own accord against the interest of the State. It was also said by him that he had not done without instruction of superior officer, Anjan Kumar Basu Kanungo Grade I who was posted there and under whose control the petitioner was working. It was further stated that the said Anjan Kumar Basu was very influential. He also stated that in a case like this, a thorough investigation of an Advocate of his choice for proving his innocence. It was stated by him that the allegations. are undoubtedly serious and have been made in peculiar circumstance and that if he was given the assistance of lawyer he would be able to disclose the malactivities of Anjan Kumar Basu and many others. It was further stated that the statement which he has submitted at the preliminary enquiry, was not voluntary statement and the same was written in quarter of Anjan Kumar Basu who called the petitioner from Amrakuchi through his orderly peon Sankar Das one evening and by threatening, pressure, coercion and misrepresentation he was complied to write the said statement.;