Ray, J. - (1.) This is an appeal from a decree preferred by the only defendant against whom the decree was passed. The other defendants being its officers and newspapers were exonerated.
(2.) The case raises an important, interesting and a fresh point of law. The point is this. If a disciplinary enquiry against an officer of the State or other authority is pursued and pressed, but ultimately results in a complete discharge of the employee charge sheeted, and further, the enquiry is shown to have been initiated and conducted without any just or reasonable cause, and it is even shown to be an abuse of power, can the employee, after the conclusion of the departmental proceedings in his favour, file a civil suit for recovery of damages?
(3.) The facts in this case, as are material for the determination of the above legal points are short and simple. The respondent/plaintiff had an unblemished service career in the West Bengal State Electrity Board untill 1985. He had about four years then left of his service. He was put in supervision of a certain Gas Burbine Project which was then undertaken by the Board in Calcutta. The project was completed in time. There was a certain appreciation of such timely completion even in the Governmental circles.;