- (1.) The writ petitioner is an employee of West Bengal Forest Development Corporation Limited. He was appointed as trainee in the year 1972 and thereafter in April 1975 he was appointed on regular basis. He was promoted to the different higher posts. Lastly in the year 1996 he was promoted to the post of Range Manager and posted at Buxa Logging Division in the district of Cooch Bihar. In the year 2003 he was transferred to Cashew Plantation Division and was posted at Range-I at Midnapur Sadar. By and under a notice dated 12th April, 2005 he was placed under suspension under rule 7(1) of the West Bengal Service (Classification, Control and Appeal) Rules, 1971 by the Divisional Manager, Cashew Plantation Division, Midnapur. Thereafter a charge-sheet was issued to the appellant/writ petitioner by the General Manager (headquarter) of the West Bengal Forest Development Corporation Limited under office order No. 1/ORG/205 dated 27th October, 2005. The charge-sheet is set out hereunder: WEST BENGAL FOREST DEVELOPMENT CORPORATION LIMITED (A Government of West Bengal Undertaking) Office of the Managing Director 6A, Raja Subodh Mulick Squire, 7th floor, Kolkata-13. Office Order No. 1/ORG/2005 Dated 27-10-2005 CHARGE SHEET The undersigned proposes to hold an enquiry under rule 10 of the West Bengal Services (Classification, Control & Appeal) Rules, 1971, against Shri Chitta Ranjan Bhuniya, RM (under suspension). The substance of imputation of misconduct or misbehaviour, negligence in duty, violation of superiors order in respect of which the enquiry is proposed to be held is set out in the articles of charge (Annexure-I). 1. A statement of imputations of misconduct or misbehaviour, negligence of duties, violation of Superiors Order in support of each article of charge is enclosed (Annexure-II). A list of documents by which, and a list of witnesses by whom the articles of charge are proposed to be sustained are also enclosed (Annexure-III & IV). 2. Shri Chittan Ranjan Bhuniya, RM (under suspension) is directed to submit within 10 (ten) days of receipt of this Memorandum a written statement of his defense to Enquiring Authority and also to state whether he desires to be heard in person. 3. He is also informed that an enquiry will be held only in respect of those articles of charge as are not admitted. He is therefore, specifically admit or deny each article of charge. 4. Shri China Ranjan Bhuniya, RM (under suspension) is further informed that if he does not submit his written statement of defense on or before the date specified in paragraph 2 above, or does not appear in person before the Inquiring Authority or otherwise fails or refuses to comply with the provisions of the rules/orders directions issued in pursuance of rule of West Bengal Services (Classification, Control & Appeal) Rules, 1971, the Inquiring Authority may hold the inquiry against him ex parte. 5. Attention of Shri Chitta Ranjan Bhuniyua, RM (under suspension) is invited to Rule 40 of West Bengal Forest Development Corporation Ltd. Service Rules and Financial Powers, 1974, under which no Government/Corporation Servant shall bring or attempt to bring any Political or outside influence to bear upon any Superior Authority to further his interests in respect of matters pertaining to his service under the Government/Corporation. If any representation is received on his behalf from another person in respect of any matter dealt within those proceedings, it will be presumed that Shri Chitta Ranjan Bhuniya, RM (under suspension) is aware of such a representation and that it has been made at his instance and action will be taken against him for violation of Rule 22 of the West Bengal Government Servants Conduct Rules, 1959. The receipt of this memorandum may be acknowledged. Sd/- General Manager (hq) West Bengal Forest Development Corporation Limited.
(2.) Challenging the aforesaid order of suspension and charge-sheet the writ petitioner came up before this Hon'ble Court and filed a writ petition which was finally disposed of by the learned Single Judge by and under judgment and order dated 22nd February, 2007. The learned Single Judge dismissed the writ application.
(3.) Against the order of dismissal an appeal was preferred before the Hon'ble Division Bench and the Hon'ble Division Bench after considering the Rules of the West Bengal Forest Development Corporation as well as West Bengal Service (Classification, Control and Appeal) Rules, 1971 has come to the conclusion that the order of suspension and the charge-sheet were not issued by the "competent authority". The Hon'ble Division Bench held that the disciplinary authority of the writ petitioner/appellant therein would be the "Managing Director" of the Corporation being the appointing authority. Since the order of suspension was not issued by the appointing authority and the charge-sheet was also not issued by the disciplinary authority, the order of suspension as well as the impugned charge-sheet were set aside. The Hon'ble Appeal Court has also come to the conclusion that in view of the special Rules framed for the employees of the aforementioned Forest Development Corporation the general Rules are not applicable in case of the writ petitioner. It was also held that, since the charge-sheet was not issued to the writ petitioner within the prescribed period of two months as provided in Rule 47(a) of the Service Rules, there is clear violation of Rules 47(a) of the West Bengal Forest Development Corporation Limited Service Rules, 1974. Considering the entire matter and also considering the aforementioned Rules the Division Bench passed the following order:- In the aforesaid circumstances, the charge-sheet issued to the appellant/writ petitioner cannot be sustained as the same was not issued by the competent authority and also within the prescribed time limit as specifically provided in Rule 47(a) of the Service Rules. For the reasons discussed herein above, both the order of suspension and the charge sheet issued to the appellant/writ petitioner cannot be sustained in the eye of law since the same were issued in clear violation of the provisions of the West Bengal Forest Development Corporation Limited Service Rules, 1974, Therefore, both the order of suspension and the charge-sheet issued to the appellant/writ petitioner are liable to be quashed and we hereby quash the same. In the aforesaid circumstances, the respondent authorities are directed to allow the appellant/writ petitioner to join the duties forthwith and the said appellant/writ petitioner should be deemed to be on duty during the entire period of suspension till resumption of duty in terms of this order. The respondent authorities are further directed to pay all admissible arrear dues towards the salary and other allowances after adjusting the subsistence allowance, if already paid to the said appellant/writ petitioner without any further delay but positively within a period of three weeks from the date of communication of this order. With the aforesaid observations and directions, this appeal stands allowed and the judgment and order under appeal passed by the learned Single Judge on 22nd February, 2007 is set aside. There will be, however, no order as to costs.;