P.K.BANERJEE, J. - (1.) This Rule is directed against an order passed by the Appointing Authority of the petitioner by which the petitioner's pay was reduced to 5 stages below his present basic pay in the time scale for a period of 5 years and that during the said period he will earn no increment of pay and on the expiry of the said period, the reduction will have the effect of postponing future increments of his pay. This order was made on 23rd August, 1972, This order was affirmed by the Director of Health Service by order dated 28th August, 1978. The provisional order was affirmed after the representation was considered. by the Director of Health Service, The confirmation order is annexure 'J' to the petition which is quoted below : - ORDER No. A 9565. Calcutta, the 28th August, 1978. After careful examination of the representation dated 8.2.78 submitted by Dr. Tauhid Hossain, Medical Officer formerly of Barrah P. H. C. now attached to Nakrakonda P.H.C., Birbhum in reply to this directorate order No. A - -500 dated 13.1.78. the Enquiring Officer's report and other evidence on record, I the Director of Health Services, West Bengal, being the appointing authority, have come to the conclusion that no new case has been made out by said Dr. Hossain for a revision of the provisional decision contained in this dated order referred to above. Now. therefore. I the Director of Health Services, West Bengal being his appointing authority do, herby impose unon him the following penalty with immediate effect. that his pay shall be reduced to five stages below his present basic nay in the time scale of nay of Rs. 300 -10 -420 -15 -600| - for a period of five years and during the said period he will earn no increment of nay and on the expiry of the said period the reduction will have the effect, of postponing future increments of his pay". A note to this effect shall be recorded in his Service Book. I have quoted annexure 'J' here -in -before, as the argument advanced by Mr. Majumdar on the basis of this order is that the order in violation of subrule (10) of rule 10 of the West Bengali Service (Classification, Control and Appeal) Rules, 1971.
(2.) The petitioner, being a Licentiate Medical Faculty, joined the Health Department, Government of West Bengal, as a Medical Officer on 1.4.67. The petitioner at the material point of time, that is, during the year 1972. was working as the Medical Officer in -charge, Barrah Primary Health Centre, Birbhum. From the said place of posting, the petitioner was transferred to Nakrakonda Primary Health Centre, Birbhum. It is alleged that while he was working as Medical Officer, Barrah Primary Health Centre, a sum of Rs. 100| - was given to the said Barrah Primary Health Centre to observe the Family Planning Fortnight which was received by one Bishnu Pada Ash on behalf of the petitioner. The said sum was given to the Primary Health Centre to observe the Family Planning Fortnight starting from 10th December, 1972 to 23rd December, 1972. It is stated that the petitioner, after receiving the said money, spent the same in connection with the said programme and the voucher in connection with the said expenses was collected from Bishnu Pada Ash. Allegations were made about the mis -appropriation of Rs. 100| - and a fact finding enquiry was held. On the basis of the said fact finding enquiry, a charge -sheet, was framed against the petitioner regarding the mis -appropriation of the aforesaid sum of Rs. 100| -. The petitioner renlied to the charges. A Depart mental enquiry was held by the Commissioner for Departmental Enquiry . Vigilance Commission and the petitioner was found guilty of the charges levelled against him On consideration of the enquiry report, the appointing authority came to a provisional finding about the punishment regarding reduction of pay to 5 stages. The petitioner made representation and the said representation was rejected and the appointing authority made an order dated 28th August, 1972 as hereinbefore quoted. Being aggrieved by the said order, the petitioner moved this Court and obtained the present rule on 13th September. 1978.
(3.) Though the notice was served on the Government on 4th August, 1979, the Government did not file any affidavit but Mr. Partha Dutta appearing for the respondent has produced before me the records of the case.;