- (1.) THIS application under Article 226/227 of the constitution of India is at the instance of an unsuccessful applicant under section 19 of the Administrative Tribunals Act (hereinafter referred to as the Act) and is directed against the order dated December 10, 2002 passed by the Central administrative Tribunal, Calcutta Bench by which the Tribunal rejected the application filed by the writ petitioner wherein he challenged the order of his dismissal from service.
(2.) THE writ petitioner was a member of the Indian Administrative Service of 1976 Batch and belonged to the West Bengal Cadre.
(3.) THE writ petitioner was served with a memorandun of chargesheet dated june 2, 1994 inter alia on the following allegations: "article of Charge-I: it appears that Shri Sher Singh while functioning as Director of evaluation, Monitoring and Manpower, Deptt. of Development and Planning, govt. of West Bengal, got a book titled "the Secular Emperor Babur" published without the previous sanction of the Govt. It further appears that in spite of having the knowledge of refusal of permission by the Govt. to publish the said book, Sri Sher Singh got it published deliberately violating the Govt. order. Details are given in the statement of imputation. Such conduct of Sri Sher Singh is prima facie improper and unbecoming of an officer of his status and as such, is violative of rule 3 (1) and 6 (2) (a) of the All India Services (Conduct) Rules, 1968. Article of Charge- II: it appears that Shri Sher Singh while functioning as above communicated and ventilated in the 'statesman', dated 5th March, 1994 and other newspapers about the receipt of King Faisal Award by him along with his wife Smt. Surinder Kaur, or caused it to be done, although no such Award was received by him/her or jointly with his wife. It further appears that Sri Sher Singh intentionally put the entire blame on State Govt. for not getting the said Award and also created an impression to the effect that the Govt. stood in his/her way to receive the Award although the State/central Govt. were not at all aware of the receipt of the said award by him/her or along with his wife in this regard. Details are given in the statement of imputation. Such conduct of Sri Sher Singh prima facie shows lack of integrity and is highly improper and unbecoming of an officer of his status and as such, is violative of Rule 3 (1) and 7 (i) of the All India Services (Conduct) Rules, 1968. Article of Charge- III: it appears that Shri Sher Singh while functioning as above, participated in a meeting on 26. 1. 94 in between 16. 00 and 20. 30 hrs. at Killkhana Play ground, Metiabruz, organized by Evergreen Sporting Club and delivered speeches on the Biography of Babur and while making such speech defamed bjp a recognised political party for their alleged claim of Ram Janmabhumi at the Babri Mosque at Ayodhya and thereby incited a particular community in furtherance of generating communal disharmony in the State and also in the country. It further appears that Shri Sher Singh participated in a meeting held on 18. 3. 94 at the adjacent school premises of Uinnat Mosque, Topsia 2nd lane, organized by a particular religious group and delivered speeches on the highly sensitive topic i. e. demolition of Babri Mosque at Ayodhya and incited the audience by making comments on Ram Temple and also wilfully and vehemently criticised a recognised political party i. e. BJP for demolition of the said mosque in spite of having the knowledge that the entire matter is sub-judice and highly sensitive and as such, likely to cause communal disharmony among religious groups. Such act of Sher Singh was highly prejudicial to the interest of the State and the country. Details are given in the statement of imputation. Such conduct of Sri Sher Singh is highly improper and unbecoming of an officer of his status and as such, is violative of Rule 3 (1), 5 (1) and 7 (i) of the all India Services (Conduct) Rules, 1968. Article of Charge- IV: it appears that Sri Sher Singh while functioning as above, squarely put the blame on State Govt. officials and political parties by his letter dated 29th March, 1994 and other letters and in his address to the public in the meetings, during his interview and discussions with the press for standing in the way of receipt of 'king Faisal Award' from the King Faisal Foundation, saudi Arabia. Details are given in the statement of imputation. Such conduct of Sri Sher Singh prima facie improper and unbecoming of an officer of his status and as such, is violative of Rule 3 (1), 7 (i) of the All india Services (Conduct) Rules, 1968. Article of Charge- V: sri Sher Singh while functioning as above, did not submit his Declaration of Assets as they stood on 1989, 1990 and 1991 and thereby contravened rule 16 (2) of the All India Services (Conduct) Rules, 1968. ";