G.N.Ray, J. - (1.) This appeal is directed, against the decision of the learned Trial Judge, dated 22nd April, 1985 made in Civil Order No. 7435(W) of 1983.
(2.) The appellant moved a writ petition before this Court which was disposed of as a contested application upon notice to the respondents in Civil Order No. 7435(W) of 1983. In the writ petition, the appellant challenged the legality and validity of the disciplinary proceeding initiated against the writ petitioner appellant on the basis of a Full Court decision of this Court and also against an order of suspension passed against the writ petitioner appellant as contained in the memo issued by the Registrar, Appellate Side of this Court by the order of the Full Court. The appellant is a member of the West Bengal Higher Judicial Service and at the time of initiating the said disciplinary proceeding against him and passing an order of suspension he was holding the post of Additional District and Sessions Judge, 3rd Court, Alipore in the district of 24-Parganas. Three charges have been levelled against the appellant and the said charges are set out hereunder : Charge--1 "It appears that your Sri Amarnath Saha, while functioning as the presiding officer of the 3rd Court of the Additional District & Sessions Judge at Alipore, 24-Parganas had exercised your personal and extraneous influence upon Sri Arun Kumar Seal, District Delegate, Alipore and the members of the Court staff in, order to help Smt. Bimala Ghosh to obtain an improper/illegal/irregular succession certificate in Succession Certificate Case No. 331 of 1981 in respect of movable properties left by deceased Mono alias Monoranjan Mitra, residing at 126A, Shyamaprosad Mookerjee Road. Calcutta, knowing it to be so in violation of the established norms of judicial propriety and such allegations, if proved, would show that you are guilty of corruption / corrupt practice/dishonest conduct/improper conduct unbecoming a judicial officer. Charge--2 It appears that you, Sri Amarnath Saha, while functioning as the presiding officer of the 3rd Court of Additional District and Sessions Judge at Alipore, District 24-Parganas, in order to exercise personal and extraneous influence on the Office-in-charge and other Police Officers of Bhowanipore Police Station for effecting immediate release of the movables, belonging to the late Mono alias Monoranjan Mitra of 126A, Shyamaprosad Mookherjee Road, Calcutta which had been previously seized by the Police in favour of Smt. Bimala Ghosh who had obtained a succession certificate from the learned District. Deligate, 24-Parganas in Succession Certificate Case No. 331 of 1981, on 2nd June, 1981 during Court hours rang up the Officer-in-charge, Bhowanipur Police Station and on 6th June, 1981 also had personally visited along with Miss. Juthika Ghosh and sri Utpal Bhattacharya, Advocate the said Police Station and on both the occasions held out threats and hurled abuses to the Officer-in-charge and other police officers of the said police station for inducing coercing/intimidating them to release the said seized movables in favour of Smt. Bimala Ghosh without any delay and in violation of the established norms of judicial propriety and such allegation if established would show that you are guilty of corruption/correct practice/dishonest conduct and/or improper conduct unbecoming of a judicial officer. Charge--3 It appears that you, Sri Amarnath Saha, while functioning as the presiding officer of the 3rd Court of Additional District and Sessions Judge at Alipore in the District 24-Parganas on 6th June, 1981 at about 11-40 A.M. left your judicial work and visited the Bhowanipore Police Station without making necessary entries therein to show that you rose for the day only at, 1-30 A.M. in violation of the established norms of judicial propriety and such allegations if established would show that you are guilty of corruption/ corrupt practice/dishonest conduct and/or improper conduct unbecoming a judicial officer.
(3.) Along with the said memo containing the charge-sheet the list of documents forming basis of the charge-sheet and the list of witness by whom the charges were proposed to be sustained were also forwarded to the appellant. The list of documents and the list of witnesses as referred to in the charge-sheet are set out hereunder :- List of Documents 1. Record of Succession Certificate Case No. 331 of 1981 of the Court of District Delegate at Alipore. 2. Records of Succession Certificate Case Nos. 248, 234, 295, 328, 320 all of 1981 of the Court of District Delegate at Alipore. 3. Statement of Sri Chittaranjan De, the then Clerk in charge, Succession Certificate, Alipore, Shri Raghupati Ghosh and Shri Somnath Chatterjee, both the then Naib Nazir of the Court of D.J., 24-Parganas submitted to Sri N. K. Sen, the then D.J., 24-Parganas. 4. Entries Nos. 360 and 367 dated 6.6.81 in the General Diary of Bhowanipore P.S. 5. Diary of the Court of Shri A. N. Saha, A.D.J. 3rd Court, Alipore for the date 2.6.81 and 6.6.81. List of Witness 1. Shri Chittaranjan De, the then Clerk-in-charge, Succession Certificate, Alipore. 2. Shri Somnath Chatterjee both the then Naib Nazir of the Court of 3. Shri Raghunath Ghash D.J., 24-Parganas. 4. The then Officer-in-charge/Bhownipore P.S. Shri J. C. Banerjee. 5. The then Sub-Inspector, Bhowanipore P.S. Shri G. Borat. 6. Shri Tapan Guha, son of late S. C. Guha of 35A, Shyama-prosad Mukherjee Road, Calcutta. 7. Shri Santi Kumar Barman, son of late Jyotiprosad Barman of 36/21B, Gopal Nagar Road. 8. Shri S. Roy Chowdhury, Sergeant, Bhowanipore P. S. 9. Shri P. Mitra, Asstt. Sub-Inspector, Bhowanipore P.S. 10. Shri J. Chatterjee, Asstt. Sub-Inspector, Bhowanipore P.S.;