- (1.) In this Rule, the petitioner has impeached the ultimate order of the discharge of his services as annexed in Annexure 'D' and the earlier orders as mentioned hereinafter.
(2.) In response to an advertisement dated 27th April 1972, the petitioner duly made an application for appearing in the competitive examination for the West Bengal Clerkship Examination 1972. He in fact appeared on being duly admitted from the centre situate at Seth Anandaram Jaipuria College of 10, Raja Naba Krishna Street, Calcutta-5. It must be mentioned here that a cousin of the petitioner viz., one Kamal Kumar Pandey, who is the petitioner in another Civil Rule No. 1875 (W) of 1974, also made similar application pursuant to the same advertisement and sat in the necessary examination at the centre at Jadabpore College. The petitioner, whose Roll No. was R 2169 was placed 6th in position while the said Shri Kamal Kumar Pandey, whose Roll No. was D 681 was placed 5th in position. I have made a reference to the respective particulars of the said Shri Kamal Kumar Pandey, as the results of the cousins as aforesaid were, after some time declared to be void, as it was suspected that there were some foul play committed by them or they had adopted some dubious methods or means in answering the questions. Such determination was made, considering the striking similarities of their answers.
(3.) On the basis of his results, the petitioner was appointed on probation for two years in the permanent post of Lower Division Assistant in Commerce and Industries, Department, Government of West Bengal in the scale of Rs. 230-5-275-71/2-365-10-425/- plus the usual admissible allowances with effect from his date of joining. The petitioner, in terms of the said selection and offer joined and served the said post for a month and 22 days i. e. from 21st May 1973 to 11th July 1973 and admittedly received his pay and other allowances duly. But at that point of time he was served with a show cause memo by the Deputy Secretary, Public Service Commission, West Bengal, as to why appropriate action should not be taken against him on the basis of the provisional findings of the Commission that the answers of the petitioner in English, Bengali and General Knowledge and Current Affairs were same and identical in respect of the language and the manner as adopted by Shri Kamal Kumar Pandey, bearing Roll No. D 681 and more particularly as the Commission prima facie came to the conclusion that such identity of language and the manner of the answers could not be achieved except by adoption of unfair means.;