BISWANATH SOMADDER,J. - (1.) This is an application under Article 226 of the Constitution of India taken out by a former judicial officer challenging the order of his compulsory retirement from service dated 29th March, 2013 and the order of the Appellate Authority dated 22nd January, 2014. The writ petitioner is also seeking his reinstatement in service along with all consequential benefits. Briefly stated, the facts are as follows:-
(2.) The writ petitioner Mintu Mallick was selected in the West Bengal Civil Services (Judicial) Examination, 1999 and was appointed as Civil Judge (Junior Division) initially on a temporary basis vide notification no.2166-J dated 16th March, 2001 issued by the Judicial Department to the Government of West Bengal. His service in the West Bengal Civil Services (Judicial) was confirmed with effect from 22nd March, 2003 by an administrative order of this Court dated 5th June, 2006. At the material point of time, the writ petitioner Mintu Mallick was posted as the Judicial Magistrate, 4th Court-cum-Railway Magistrate at Sealdah. On 5th May, 2007, he entered the driver's cabin of a Budge Budge- Sealdah local train and travelled from Lake Gardens station to Sealdah railway station despite serious objections raised by the motorman. After the train reached Sealdah station, the writ petitioner got down from the motorman's cabin. Once he got down from the cabin, the writ petitioner on his own admission asked the Government Railway Police (for short "GRP") personnel to bring the driver and the guard to the Sealdah Magistrate's Court to give an explanation as to the late running of trains. In the enquiry report, however, it has been specifically stated that after getting down from the motorman's cabin, the writ petitioner asked the GRP personnel to arrest the motorman and the train guard. The writ petitioner has specifically denied that he had directed the GRP personnel to arrest the motorman or the guard of the train. Be that as it may, the motorman was initially taken to the GRP station and thereafter to the Sealdah Magistrate's Court. This resulted in a spontaneous and violent demonstration on the part of the railway employees and stoppage of train services which ultimately resumed at around 03:45 pm on that day. In the meanwhile, both the motorman as well as the guard were asked to give statements in the Court with regard to late running of trains and were released at around 12-12:30 pm. While the driver and the guard were in Court, a demonstration had already started outside the Court. Around this time, the entire matter was reported to the Registrar General of this Court. The Registrar General made his own enquiries through the office of the District Judge, 24 Parganas (South) and he along with the Additional Chief Judicial Magistrate, 24 Parganas (South) and the Additional District Judge, Sealdah, submitted separate reports in the matter which are already on record. Subsequently, the issue was brought to the notice of the Hon'ble Zonal Judge of 24 Parganas (South) who at that point of time was not in station. The Hon'ble Zonal Judge directed the Registrar General to monitor the situation and take up the matter with the Divisional Railway Manager, Sealdah, to solve the impasse regarding disruption of train services and also for smooth functioning of the Railway Court at Sealdah. The Hon'ble Zonal Judge further directed that if normalcy could not be restored, the Railway Magistrate was to take up appropriate steps by referring the matter to the Hon'ble High Court in accordance with law. Subsequently, the matter was placed before the Hon'ble Chief Justice on 7th May, 2007 by the Registrar General. The Hon'ble Chief Justice directed the then Registrar (Vigilance & Protocol) to hold a discreet enquiry as to the cause of demonstration by the railway employees with particular reference to the role of Railway Magistrate, Mintu Mallick, being the writ petitioner herein. The Registrar (Vigilance & Protocol) held a discreet enquiry into the matter and a report was placed before the Hon'ble Chief Justice for consideration. On 21st May, 2007 the High Court issued an order, placing the writ petitioner Mintu Mallick under suspension with immediate effect. Thereafter, on 3rd December, 2007 a Memorandum of Charge was issued containing the following two Articles of Charge :- "ARTICLE OF CHARGE NO. 1 That you, Shri Mintu Mallick, while functioning as Judicial Magistrate, 4th Court-cum-Railway Magistrate, Sealdah, South 24- Paraganas, unauthorisedly travelled in the Motor Man's Cabin in a Budge Budge - Sealdah Local Train from the Lake Gardens Station to the Sealdah Railway Station on May 5, 2007 and prime facie it appears that you as the Judicial Magistrate, 4th Court-cum-Railway Magistrate, Sealdah, South 24-Paraganas used to travel in the similar fashion in the past without having any valid pass to enter Motor Man's Cabin having full knowledge that such unauthorized travelling is unbecoming of a public Servant and also amounts to gross misconduct, The allegation shows that you made improper and illegal exercise of administrative powers so vested upon you as the Judicial Magistrate, 4th Court-cum-Railway Magistrate, Sealdah, South 24- Paraganas and such allegations, if proved, would amount to gross misconduct and such behavior on your part as a public servant is unbecoming of a Judicial Officer. ARTICLE OF CHARGE NO. II That you, Shri Mintu Mallick, unauthorisedly travelled in the Motor Man's Cabin in a Budge Budge - Sealdah Local Train from the Lake Gardens Station to the Sealdah Railway Station on May 5, 2007 and during the course of journey you enquired about the reasons of the late running exceeding your jurisdiction as a Railway Magistrate. That you, obtained a report on late running of the trains from both Sri Dipak Sanyal, the Motor Man and Sri Monoj Kumar Mondal, the Guard of the said local train after the arrival of the said Sealdah bound local train at Sealdah Station at 10-45 a.m. The Railway employees started demonstration as soon as the driver and the guard of that particular local train were taken first to the Thana and thereafter to the Court pursuant to your verbal order and it prima facie appears that because of the aforementioned unauthorized activities on your part, there was violent demonstration by the railway employees resulting in total disruption of train services within Sealdah Division from 11.15 a.m. to 3.45 p.m. on that day. The allegation shows that you made improper and illegal exercise of administrative as well as Judicial powers so vested upon you as the Judicial Magistrate, 4th Court-cum-Railway Magistrate, Sealdah, South 24-Paraganas and such allegations, if proved, would amount to gross misconduct and such behavior on your part as a public Servant is unbecoming of a Judicial Officer."
(3.) The charges were replied to by the writ petitioner in the form of a written statement, which was received by the High Court on 16th January, 2008. On 16th December, 2009 the order of suspension was revoked and the writ petitioner Mintu Mallick was posted as Judicial Magistrate of the First Class in the district of 24 Parganas (South) to be ordinarily stationed at Alipore.;