- (1.) The present appeal is directed against the judgment and decree passed by Sri S. C. Majumdar, Judge, City Civil Court, Calcutta, Bench No. 2, dismissing the appellant's suit for a declaration that the orders imposing a penalty of reduction to a lower stage in the time scale and reduction of his pay by three stages and thereby unjustly reducing in rank were illegal, unjust, arbitrary, mala fide and in violation of the principle of natural justice.
(2.) The facts relevant for our purpose may be stated in a nutshell as follows : The plaintiff was appointed in 1934 as a Civil Assistant Surgeon in the Bengal Medical Services. In July, 1955 he was promoted to the post of Civil Surgeon, Midnapore in a permanent vacancy. In January, 1958 the Government of West Bengal promulgated the West Bengal Health Services (Cadre,Pay & Allowances). The said rules came into force with effect from 1-1-1958. By the said Rules the Medical Officer (Gazetted) were divided into three classes for the purpose of pay and allowances, viz., (1) The basic grade at Rs. 450-20-650/- per month (2) Selection Grade at Rs 600-50-1200/- (3) Special Selection Grade at Rs. 1200-100-1600/- per month. The plaintiff was allowed to officiate in selection grade like all other Civil Surgeons and in 1958 he was appointed as Deputy Superintendent, Medical College Hospitals, Calcutta and allowed to officiate in selection grade of rupees 600/-50-1200/- per month. He was appointed substantively and retrospectively to that post with effect from 1-11-1959. Thereafter, the Government promulgated revised Rules known as the West Bengal Services (Revision of Pay and Allowances) Rules, 1961 with effect from 8th July, 1961. On that day the plaintiff was drawing a pay of Rs. 800/- per month in the selection grade of Rs. 600-50-1200/- per month. The plaintiff opted to come under the revised Rules with effect from 8th July, 1961 and his pay in the said scale was fixed at Rs. 950/- per month.
(3.) There was an enquiry upon an allegation of corruption against the plaintiff and the plaintiff was not informed as to the result of the said enquiry. On 9-2-1959 a charge-sheet containing certain charges was served on him by the Government of West Bengal requiring him to answer certain allegations. On 17-2-1959 the plaintiff requested the Health Department to furnish him the copies of records. A reminder was sent on 16-3-1959 but without any effect. Thereafter, a fresh charge-sheet was served on the plaintiff together with a statement of allegations stating inter alia, that he had improperly and against the Rules taken a sum of Rs. 16/- from one Tarakinkar Roy, Accounts Supervisor Head Post Office, Midnapore for his medical examination. Dr. N. C. Chatterjee, Joint Director of Health Services was appointed to hold an enquiry into the said charges framed against the plaintiff. In spite of his best efforts the plaintiff failed to get hold of a copy of the report of the Enforcement Branch on the basis of which the charges were alleged to have been framed. Any way, on 17-8-1959 the plaintiff submitted an explanation to the enquiry Officer. The enquiry Officer examined witnesses at Midnapore on 10-10-59 and 27-1-60. On the last day he made a prayer for allowing him to examine witnesses in support of his defence but the enquiry Officer neither allowed nor rejected his prayer. The Government of West Bengal, however, by its order dated 19-9-1960 found the charge of taking a sum of Rs. 16/- from Tarakinkar Roy established but in view of the fact that it was a first instance of delinquency the plaintiff was liberally treated, who however, was warned to be more careful in the future. He was further directed to refund the sum of Rs. 16/- to the said Tarakinkar Roy.;