D. Basu, J. - (1.) The Petitioner was an Insurance medical practitioner enlisted under the Employees' State Insurance (Medical Benefit) Scheme, West Bengal, framed under the Employees' State Insurance Act (annex's. A -B to the petition). Under this scheme, the practitioner has certain duties as enumerated in Clause (6) of Schedule 1 to the Rules relating to the scheme (reproduced in para. 9 of the petition) and is paid a remuneration varying according to the number of insured persons on the medical practitioner's list at the beginning of the quarter to which it relates.
(2.) There was a surprise inspection of the Petitioner's clinic at Naihati during his office hours on October 3, 1964, but the Petitioner was found absent. This was pursued by inspection on subsequent dates, leading to an alleged discovery of various irregularities, for which the Petitioner was asked to explain by the letter dated February 8, 1965, at annEx. C. The irregularities, in short, were: (i) Irregularities in records to be maintained by the Petitioner; (ii) non -attendance at the prescribed hours; (iii) medical certificates being written by the compounder the Petitioner only signing them under such writing; (iv) lavish use of forms; (v) registers being maintained by the assistants.
(3.) The Petitioner submitted his explanation touching all the points aforesaid by his letter dated February 24, 1965 (annex. D). This was followed by the notice at annEx. E, dated May 22, 1965, by which the Deputy Secretary to the Government of West Bengal (Labour Department) informed the Petitioner that the Governor had directed, in exercise of his power under Clause (11)(1) of Schedule 1 to the West Bengal Employees' State Insurance (Medical Benefits) Rules, 1955 (hereinafter referred to as 'the Rules'), that the Petitioner's services will not be required after the expiry of one month from the date of receipt of the notice. The Petitioner's representation to the Minister -in -charge of the Department, dated May 26, 1965 and June 22, 1965, having met with no success, the Petitioner came to Court on August 18, 1965, after serving a demand for justice.;