Purna Chandra Barooah, J. - (1.) The petitioner Aghore Bandhu Roy the Boral Health Services as a Medical Officer under the Government of West Bengal sometime in the year 1954 and on July 14, 1969 he joined the Primary Health Centre at Balakoba in the district of Jalpaiguri, on June 2, 1970 the petitioner was directed to report at Moinaguri as the second Medical Officer. The petitioner made a representation regarding the proposed transfer and on October 16, 1970 he was directed to make over charge to Dr. S. P. Bhattacharya, Medical Officer-in-charge, Balakoba The petitioner thereafter, moved this court under the Constitutional Writ jurisdiction and obtained a Rule. The Rule was, however, withdrawn by the petitioner on June 8, 1971. Thereafter, on June 10/11 1971 the petitioner received another order of transfer to Karandighi. The petitioner again made a representation when, on November 19, 1971, he received a Memorandum bearing No. R. 11/2799/L.R. 304/701 informing him that an inquiry was proposed to be held against him on the ground of misconduct for violation of Rule 22 of the West Bengal Govt. Servants Conduct Rules, 1959. The charges which the petitioner was required to answer were set out in the said Memorandum. A copy of the Memorandum is Annexure F to the petition. An inquiry was duly held and the Inquiring Officer, namely, Dr. S. K. Upadhyay submitted his report on March 24, 1973 to the State Government. A copy of the said report was also sent to the Public Service Commission, West Bengal. Sometime in the month of July, 1976 the petitioner received a Memorandum bearing No. Estt/3A-75/72, dated July, 1976 informing him that Shri M. N. Paul, Deputy Secretary to the Government of West Bengal. Department of Health and Family Planning was appointed as the Inquirying Authority to inquire into the charges framed against him as the report dated March 24, 1973 submitted by Dr. S. K. Upadhyay was not acceptable to the Government, the' proceedings of the said inquiry not having been properly by the said Inquiring Authority. The second inquiry proposed to beheld against the petitioner has been challenged in this Rule. Mr. Mohitosh Majumdar, Learned Advocate, appearing on behalf of the petitioner, has submitted before me that the West Bengal Services (Classification, Control and Appeal) Rules, 1971, do not contemplate holding of a second inquiry into the self-same charges and as such, the order by which the Respondent No. 2 has been constituted as the Second Inquiring Authority to inquire into the self-same charges, is not legal and should be quashed. Mr. Gorai has submitted from his written instructions that due to some technical defects in the inquiry held and as the Inquiring Officer was on the verge of retirement, it was decided to cause fresh inquiry and accordingly another Inquiring Officer was appointed. This submission of Mr. Gorai based on his written instructions brings out clearly the real reason for holding a second inquiry. It is apparent that the first Inquiring Officer, who was on the verge of retirement submitted a report, which was not palatable to the Respondents. Therefore, a fresh inquiry has to be held by another Inquiring Officer. Mr. Gorai also could not point out any Rule in the West Bengal Services (Classification, Control and Appeal) Rules, 1971 which contemplates or empowers the State Government to hold a second inquiry' into the self-same charges.
(2.) In view' of what has been stated above, this application must succeed and the Rule must be made absolute. I accordingly order that a writ in the nature of Mandamus to issue commanding the Respondents not to take any action pursuant to the Memorandum bearing No. Estt. 3-A-75/72 dated July, 1976 wherein Shri M.N. Pal, Deputy Secretary to the Govt, of West Bengal, Department of Health and Family Planning has been appointed as Inquiring Authority to inquire into the self-same charges framed against the petitioner as contained in Annexure 'F' to the petition and also commanding the Respondents not to deprive the petitioner of any benefit to which he would have been entitled if the proceedings had not been instituted against him. I also order that a writ in the nature of Certiorari to issue quashing the charges contained in Annexure to the petition as also the aforesaid Memorandum constituting the second Inquiring Authority.
(3.) In the circumstances of the case, there will be no order as to costs.;