- (1.) The petitioner was in employment in Geological Survey of India in the post of Laboratory Assistant (Chemical Gr. III). One B.K. Thakur, Superintendent of Police, CBI lodged an FIR in the month of November, 2006 against certain persons alleging offences under sections 420, 468/120B, IPC and under section 13(2) read with section 13(l)(d) of the Prevention of Corruption Act. The sum and substance of the allegations are that the petitioner secured employment in the post as aforesaid in GSI on the basis of a fictitious and fake certificate allegedly issued by one Paramjit Singh who is accused No. 5 in the case. On the basis of the false certificate he was called for interview and selected to the post. A detailed enquiry was made by a committee consisting of three officers of the Geological Survey of India and report was submitted by the committee on 9th July, 2003 to the effect that the certificate of the petitioner was a fake one. Now chargesheet was submitted against Kanti Prasad Goutam, Director (Personnel and Administration) GSI, Sanjiban Majumdar, Senior Private Secretary to the Deputy Director General (Operations. Coal), Coal Wing, Kolkata - 91, Gobinda Prasael Naskar, Administrative Officer Grade-II, the present petitioner Mrinmay Majumdar, Paramjit Singh, Project Manager and one Prayag Chandra Mandai who was then posted as Director General, Geological Survey of India. These High Officials surrendered before the learned Special Judge on 29th December, 2008 consequent upon submission of chargesheet against them, and they were granted bail by the learned Judge on 29th December, 2008.
(2.) The learned Judge in his order dated 29th December, 2008 observed as follows: "The fact before this Court is regarding the malpractice done by the accused persons regarding the appointment of accused No. 4 Mrinmoy Mazumdar. For this reason I took the pain to mention the designation of the accused persons now, the question of role of the accused persons. I have gone through the chargesheet which has depicted the detailed story as to how the accused No. 4 Mrinmoy Majumdar got the appointment as Laboratory Assistant (Chemical), Grade-II in GSI, depriving the others. The certificate on which he banked upon given by accused No. 5 Paramjit Singh has been proved to be a fake one. The IO during the course of investigation did not prefer to arrest any of the accused persons. The chargesheet shows that the accused No. 4 Mrinmoy Majumdar is still working at 15, A.B. Kyde Street; Kolkata - 16 as Laboratory Assistant (Chemical), Grade-Ill, CSI even though the certificate has been proved to be prima facie fake one. I wonder why the appointing authority did not take any steps regarding the continuance of service of this accused."
(3.) The learned Judge observed that a Central Government employee if he has managed to secure employment by extra legal method he should not be given any advantage so that he may continue with the job. Now on the basis of this observation of the learned Judge the Deputy Director General (Personnel), Geological Survey of India by order dated 27th January, 2009 put the petitioner under suspension but 15 days before the passing of the order of suspension a departmental proceeding had been already initiated against the petitioner by the Deputy Director General (Personnel) GSI. The departmental proceeding is in progress.;