S.P.Mitra, J. - (1.) In this suit the plaintiff asks for a declaration that his alleged dismissal was ultra vires, invalid, void, inoperative and of no effect and that he is still the librarian of the West Bengal Secretariat Library of the defendant or an employee of the defendant; re-instatement in office and cancellation of the order of dismissal dated 2-6-1949, payment of salary amounting to Rupees 9,580/15/2; further payments of salary and costs.
(2.) The plaintiffs case is briefly as follows: on 30-4-1921 the plaintiff was appointed a clerk in the Local Self Government and Education Department of the Bengal Government. The appointment was made by the Secretary to the Local Self Government and Education Department. On 4-5-1924, the plaintiff was appointed Assistant Librarian of the Bengal Secretariat Library. The appointment was made by the Secretary to the Education, Department. On 1-4-1943, the plaintiff was appointed Librarian of the Bengal Secretariat Library. This appointment was also made by the Secretary to the Education Department. On 26-8-1948, a complaint was made against the plaintiff to the Anti-Corruption Department of the West Bengal Government whereupon the plaintiffs house was searched on 30-8-1948. On 8-11-1948, by an order of an under-Secretary to the Government the plaintiff was placed under suspension with effect from the forenoon of 9-11-1948. The Assistant Secretary to the Government in the Home (Political) Department gave to the plaintiff on 17-11-1948, a notice to show cause why he should not be dismissed from the service of the Government or otherwise punished setting out the charges against him. The plaintiff on 24-11-1948, furnished an explanation to the charges. On 9-12-1948 the plaintiff was directed to produce his evidence before M.M. De, Assistant Secretary. Home (Political) Department. M.M. De held a perfunctory enquiry on 15-12-1948 and on subsequent dates and submitted a report holding that charges of extreme dishonesty and reckless daring have been proved against the plaintiff. He suggested that the charges, explananation, evidence, exhibits and his report might be seen by an officer of required rank and necessary orders passed. On 11-2-1949, P.C. Acharji, Deputy Secretary to the Government of West Bengal, wrote to the plaintiff that the Government had considered the report of the Enquiring Officer and agreed with his findings. The plaintiff was asked to show cause not later than 28-2-1949 why he should not be dismissed from service. On 23-2-1949 the plaintiff showed cause in writing against the proposed dismissal. On 2-6-1949, P.C. Acharji, Deputy Secretary to the Government of West Bengal made an order dismissing the plaintiff from Government service with effect from the 24th May 1949. on grounds of grave misconduct unbecoming of a Government servant and other infringements of Government Servants' Conduct Rules.
(3.) The plaintiff has alleged that the Order dated 2-6-1949 and the report of the Enquiring Officer are mala fide. The order is also invalid on the following grounds: 1. The plaintiff was dismissed by an authority subordinate to that by which he was appointed. 2. The charges brought before the Assistant Secretary to the Home (Political) Department were not charges brought against the plaintiff in his official capacity and did not involve acts done or alleged to have been done in his official capacity. 3. No particulars of grave misconduct unbecoming of a Government servant or of other infringements of Government Servants' Conduct Rules were given. 4. No opportunity was given to the plaintiff either to show cause against the alleged charges or the action proposed to be taken against him.;