Jayanta Kumar Biswas, J. - (1.) The writ petitioner is questioning the decision of the appellate authority dated November 28th, 2002 affirming the order of the disciplinary authority dated November 12th, 2001 removing him from service. The principal ground on which the orders are questioned is that no charge-sheet was ever served on him. At the relevant point of time he was working as deputy secretary of the respondent municipal corporation. According to the respondents charge-sheet dated March 9th, 2000 was prepared and served. A copy of that charge-sheet has been annexed to the opposition.
(2.) It was alleged that while working as deputy assessor collector the petitioner assessed the annual valuation of the premises mentioned therein with ulterior motive to conceal the material facts regarding the under valuation. The further allegation was that he was reluctant to co-operate with the vigilance department. It was also alleged that he forwarded a false statement that no question had been put to him by the chief investigator about the annual valuation in question.
(3.) An inquiry officer was appointed. There is no dispute that before the inquiry officer the petitioner appeared on August 29th, 2000. There is no dispute either that thereafter he did not participate in the inquiry proceedings. The inquiry officer recorded in his findings dated May 11th, 2001 that summonses had been issued to the petitioner on as many as nine occasions. He further recorded that the petitioner had allegedly remained busy on all the occasions.;