- (1.) THIS appeal is directed against the judgment and order dated 12th June, 1986, passed by a learned Single Judge of this Court in C. R, No. 60 (W) of 19s1 and by such determination the rule, which was obtained by the Appellant/petitioner, who was initially appointed as a Lower Division Clerk in ine office of the Commissioner, commercial Taxes, Government of West Bengal and at the material time of obtaining the Rule, was transferred to the of fice of the commercial Taxes, Jalpaiguri Charge, was discharged,
(2.) ADMITTEDLY, on or about 4th January, 1973, one Shri S. R. Das roy. Inspector of the Anti Corruption Bureau, Vigilance Commission, government of West Bengal visited the house of the appellant/petitioner and. instructed him to appear before the said inspector at Calcutta on diverse dates and thereafter on or about 14th February, 1978, the appellant /petitioner was served with a charge-sheet by the Commissioner of commercial Taxes, Government of West Bengal, Respondent No. 3, along with a statement of imputation of allegations The charges as appeared from the charge-sheet were as under : -Sri Arunangshu Biwas while functioning as L. D. Clerk in the office of the Commercial Tax Directorate, Govt, of West Bengal, 14, beliaghata Road, Calcutta-15 made the following transactions : (i) Purchased land on 2 0. 11. 76 measuring 3 1/2 cottash at a cost of Rs. 5,500/- in the name of his wife Sm. Hashi Biswas. (ii) Purchased on 18. 1. 72 two storied building at 104, Kabi nabin Sen Road, Calcutta-2 8 at a cost of Rs. 35,000/- in the name of his wife Sm. Hashi Biswas. (iii) The plot of land mentioned in item (l) was sold out on 28. 5. 75 at Rs. 8,000/ -. Sri Biswas, as it appears did not obtain prior permission of his. Appointing Authority at the time- of purchasing the aforesaid land and house and the selling the' land in the name of his wife and thereby contravened rule 15 (2) of the West Bengal. Government Servant's Conduct rules, 1959. ARTICLE OF CHARGE - II shri Arunangshu Biswas, while functioning as above in the above office, during the period from 1. 1. 71 to 2 8. 1. 72 acquired by purchase a two storied building pucca building at 104, Kabi Nabin Sen Road, calcutta-28, 'in the name of his wife Sm. Hashi Biswas at a cost of rs. 35,000/ -. Out of the said amount, a sum of Rs. 3,000/- for which the explanation of Sri Biswas does not seem- to be convincing appears to be disproportionate to his known source of income. Thus the conduct of Sri Biswas prima facie shows lack of integrity violative of Rules 3 and 4 of the West Bengal Government Servant's Conduct Rules, 1959.
(3.) ON a reading of the concerned charges, it appeared that it was alleged that the appellant petitioner did not obtain prior permission from his employer at the time of purchase and thereafter disposed of a plot of land measuring about 31/2 cottachs standing in the name of his wife and also at" the time of purchasing a two storied building at no. 104, Kabi Nabin Sen Road, Calcutta-2 8 in her name at a price of rs. 35,000/- and that a sum of Rs. 2 3,000/- appeared to be disproportionate to Ms known source of income.;