Biswas, J. - (1.) This is an application under Section 19 of the Administrative Tribunal Act, 1985, filed at the instance of one Shri Bholanath Bandopadhyay @ Banerjee, petitioner herein, praying for setting aside of the impugned charge sheet, 2nd show cause memo and orders deciding to impose the penalty and the entire proceeding.
(2.) The short facts leading to the filing of this application are as under:- The applicant being graduate and holding a certificate of Draftsmanship joined in the I & W Directorate, Government of West Bengal in 1967 as Work Assistant. Thereafter, he became Tracer in 1969 in the same Directorate and he was also selected and appointed as Draftsman in the year 1972. Applicant, thereafter, in the year 1981 appointed to the post of Sub- Assistant Engineer and on being so appointed he joined the aforesaid post at Amlagora in the Divisional Office under Kangshabati Project and thereafter the applicant was transferred to Howrah Irrigation Division and after several transfers in 1995, the applicant was transferred to Joynagar under Joynagar Irrigation Division and it has been alleged by the petitioner that since 1967 he has been serving under the same Directorate with unblemished service record and to the entire satisfaction of his superiors. It has further been alleged by him that the applicant, while posted under the Executive Engineer, Canals Division at Mirza Galib Street, received a memo being No. 893(2) dated 6.3.92 from the aforesaid officer enclosing therewith another memo being No. 79-ACV dated 28.2.92 from the District Magistrate and District Vigilance Commission officer directing the applicant and two other Sub-Asstt. Engineers to appear before the Investigation Officer at the Vigilance Commission with various documents on 12.3.92 for examining against an allegation in connection with one anticorruption enquiry. Applicant however, appeared before the said authority on 19.3.92 and on subsequent dates from time to time although enquiry in the connected matter was conducted in violation of principle of natural justice and the doctrine of fair play. It has further been alleged by the petitioner that thereafter by memo dated 16.10.1998, the respondent authority initiated the departmental proceeding under rule 10 of the West Bengal Services (Classification, Control & Appeal) Rules, 1997 (in short C.C.A. Rules 1997) and the copies of unsigned articles of charges, statement of imputations, list of documents proposed to be relied upon and list of witnesses were served on him. It has further been alleged by the petitioner that the charges were brought against him were all stale, baseless, vague and unfounded and such charges were brought without any application of mind by the appropriate authority and those were brought almost after lapse of more than six years. Applicant thereafter appeared before the enquiring authority denied the charges and submitted a written statement wherein it was disclosed by him that the first charge was unfounded and based on not taking into account the amount borrowed by the wife of the applicant from her father as it was admitted by the applicant's brother-in-law during the proceeding. It was also contended on behalf of the 2nd charge that a sum of Rs. 19,700/- were also taken by his wife from her father and brother in phases.
(3.) As regards the allegation of non-disclosure of the construction of a residential house on a plot of land purchased from a Co-operative, it was submitted that such technical omission on his part was due to lack of his knowledge and not intentional as due permission to purchase a residential plot of land was accorded by the Supdt. Engineer in his letter dated 2.7.1980.;