P.K. Banerjee, J. - (1.) This rule is directed against an order of dismissal of the petitioner from the service of the Life Insurance Corporation of India by order dated 30th of March, 1970. As there was an Industrial Dispute pending before the National Industrial Tribunal, approval was sought for and granted by the National Industrial Tribunal on 26th of June, 1970. On 3rd August, 1968 a charge sheet was issued against the petitioner which is annexed as Annexure "A" to the petition which is as follow : You Sri Taramohan Chowdhury, an Assistant, working in the Unit: Metropolitan, Calcutta, are hereby charged with the following offences: 1. That you along with Shri Amulya Das, Santosh Kumar Das and Anil Kumar Dey entered into a conspiracy and committed a criminal breach of trust to the tune of Rs. 4,455.00 in respect of a fraudulent death claim under Policy No. 186783 on the life of Shri Shibdas Chakraborty.
(2.) You being entrusted with the work of preparation of discharge voucher and also the payment voucher directed the cheque for Rs. 4,455.00 mentioned here in above under item No. 1 to be sent to the claimant Smt. Tara Rani Chakraborty c/o Sm. Sandhya Dutta, Bankimpalli, Plot No. 185, (near Sodepur Cotton Mills) P.O. Sodepur, Dt. 24 Parganas, although the address of the policy holder, as noted in the ledger was, 2 Sarat Dutta Lane, North Bantra, Howrah and there had been no change of address as such was noted in the ledger. You have thus been found to have acted in a manner prejudicial to good conduct as also detrimental to the interest of the Corporation and thereby violating provisions of the (Staff) Regulations 1960, penalties for which may be imposed upon you in terms of Regulation 39. You are directed to state whether you admit that you are guilty of charges mentioned above if not. you are directed to put in your written -statement together with such documents as you propose to rely upon in support of your defence within 15 days from date. In case your written statement as mentioned above, is not received within the stipulated time limit exparte proceedings shall be taken. Yours faithfully, Sd/ - Illegible, Asstt. Divisional Manager 2. On 10th October, 1968 the order of suspension pending the enquiry, was issued Enquiry was held by an enquiry officer who made a report on 22nd September, 1969 holding the petitioner guilty of the charges. Thereafter second show cause notice was issued which was replied to by the petitioner and the order of dismissal was made after the enquiry. A Civil Suit was filed by the petitioner in the City Civil Court, Calcutta, being Suit No. 998 of 1970. On 21st August, 1972 the said suit was withdrawn. Thereafter on 18th December, 1974 an application was moved under Article 226 of the Constitution of India which was discharged by order dated 23rd March, 1976 as the petitioner wanted to withdraw the same with liberty to move afresh. On 30th March, 1976 the petitioner moved this Court and obtained the present rule being C.R. No. 7372(W) of 1976. From the charge -sheet it appears that the petitioner was charged with the criminal breach of trust to the tune of Rs. 4,455.00 in respect of fraudulent death claim payment under Policy No. 186783. In the charge -sheet it is alleged that he was entrusted with the work of preparation of discharge voucher and also the payment voucher, directed the cheque for Rs. 4,455.00 mentioned here in above under item No. 1 to be sent to the claimant in a particular address but was sent to 2, Sarat Dutta Lane, North Bantra, Howrah. The enquiry officer, as I have already said, held that the petitioner is guilty of the charges levelled against him.
(3.) Mr. K.K. Maitra appearing for the petitioner contended that the charge -sheet itself will show that the Disciplinary Authority had a closed mind in respect of the charge and secondly, it is argued that the enquiry officer's finding is perverse and is based on presumption and conjecture and not on evidence on record and contrary to the evidence already adduced and no reasonable person can come to a finding as the enquiry officer found in this case.;