- (1.) This rule is directed against the impugned order of suspension made by. the respondent No. 1 on July 21, 1982 against the petitioner assailing the said order mainly on the ground that it was made vindictively to deny the petitioner promotion to a reserved post of Deputy Commissioner of Excise in terms of the order dated 28th January 1982 passed by this Hon'ble Court in Civil Order No, 31 (W) of 1978 and that the impugned order of suspension was bad as no charge sheet was served on the petitioner though about five months have passed and for the issue of a writ of order in the nature of mandamus commanding the respondents to recall the impugned order of suspension.
(2.) The facts of the case in brief are that the petitioner was appointed as Superintendent of Excise as a direct recruit on February 22, 1966. He had put in ten years of service and was qualified for being considered for promotion to the post of Deputy Commissioner of Excise as per recruitment rules annexed as Annexure 'A' to the Affidavit-in-reply, sworn on January 20, 1984. A panel for promotion for filling up five vacant posts of Deputy Commissioner, of Excise as existent on August 15, 1976 was made in violation of the reserved quota provided under the West Bengal Scheduled Castes and Scheduled. Tribes (Reservation of Vacancies in Service and Posts) Act, 1976 (West Bengal Act XXVII of 1976). The petitioner challenged the said promotional panel by a writ application in C. O. 31 (W) of 1978. wherein this Hon'ble Court passed an ad interim order restraining the respondents from making any appointment on the basis of the impugned panel. The said interim order was varied by A. K. Mookerjee, J. by directing one vacancy to be left unfilled up for the petitioner till the disposal of the case. On January 28, 1982 D. K. Sen J, was pleased to dispose of the said application by directing the respondents to consider the case of the petitioner for being appointed substantively in the post of Deputy Commissioner of Excise by way of promotion in the reserved quota under the Provisions of Act XXVII of 1976 with effect from due date. A copy of this order has been annexed as Annexure 'A' to the writ petition. The respondents did not take any steps to send the service records of the petitioner to the Public Service Commission for consideration of the petitioner's suitability for appointment on promotion to the post of Deputy Commissioner of Excise with retrospective effect. The petitioner on 1st March, 1982 sent a written representation to the Secretary, Excise Department,, requesting him to act in accordance with the directions contained in the order dated 28th Jan., 1982, passed by this Hon'ble Court in C. O.. No. 31 (W) of 1978. This has been annexed as Annexure 'B' to the petition. The Deputy Secretary, Scheduled Castes and Tribes Welfare Department, Government of West Bengal, sent a communication on April 20,. 1982, to the Secretary, Excise Department, while forwarding the representation made by the petitioner to him requesting him to let him know if the order made by this Hon'ble Court had been already given effect to,a copy whereof has been annexed as An- nexure 'C (o this petition.
(3.) It has been stated that as nothing was done by the State to comply with the order made on January 28, 19.82, an application was filed before D. K. Sen J. praying for a direction upon the respondents for implementation of the order made in C. O. 31 (W) of 1978 on January 21, 1978. This application came up for hearing on July 14,' 1982 when on the prayer of the State respondent the hearing was adjourned to July 21, 1982. On that day i.e. on 21-7-1982 the impugned order of suspension of the petitioner from service was made without serving on him any charge-sheet. This order, of suspension has been made to baffle the order made by this Court in C. O. 31 (W) of 1978 with a mala fide and vindictive purpose to deprive the petitioner of the benefit of the said order Viz. of his case being considered for being appointed substantively on promotion in the reserve quota of Deputy Commissioner of Excise.;