Kalyan Jyoti Sengupta, J. - (1.) By the first mentioned writ petition the petitioner has challenged the chargesheet dated 24th June, 1981 and the report of the Enquiry Officer in the sequel thereto, dated 2nd April, 1994 and the order of termination from the service dated 28th April, 1994. The second mentioned writ petition of the petitioner is for granting benefit of the career advancement scheme by fitting him in proper pay scale on completion of 20 years and 26 years of satisfactory services. Obviously the second mentioned writ petition was filed during pendency of the first mentioned writ petition. By my order dated 13th February, 2004 1 decided that first mentioned writ petition was to be adjudicated and decided first, and thereafter the second mentioned writ petition will be considered for hearing. On that date I observed that in the event order of termination is sustained question of granting benefit as prayed for by the second writ petition could not arise.
(2.) The short fact of the case which led to filing of the instant writ petition, is required to be recorded for proper appreciation of the case. The petitioner was appointed as a Medical Officer by the respondent No. 1 Corporation in or about November 19, 1971. On 20th May, 1981 while the petitioner was discharging his duty as a Medical Officer of Ultadanga dispensary of the respondent No.1 there was raid by the internal vigilance. On 23rd May, 1981 the petitioner was put under suspension in contemplation of disciplinary proceedings which might be initiated against him. The petitioner was charge-sheeted which is challenged here, alleging his misconduct of committing theft of medicines from the said Ultadanga dispensary on 20th May, 1981 at 11.30 A.M.; secondly, the petitioner used to leave dispensary much before the scheduled hour of departure and on 20th May, 1981 he was found to leave dispensary at 11.30 A.M. and thus he exhibited his lack of devotion to duty ; thirdly, the petitioner kept blank at some portions of the pages of Patients Register for the year 1981-82, entering only the serial numbers of cases but omitting to enter into the column relating to name, sex, age and treatment of the patient and the medicine issued. Thus, he exhibited lack of devotion to duty in violation of paragraphs 274 and 281 of Health Manual; fourthly the petitioner used to keep some parts of the pages of the Patients Register blank with the ulterior motive of showing false issue of medicine and thus displayed lack of integrity unbecoming of civic servant.
(3.) The petitioner refuted the said charges. He denied each and every major charge. However, in his statement of reply he explained reason for his early departure from the dispensary on that date. So it is an admitted position on the date of raid on 20th May, 1981 he was found leaving dispensary earlier than scheduled time. During this period the duty hours of the petitioner was 6 O'clock in the morning till 1 O'clock in the afternoon.;