Mahitosh Majumdar, J. - (1.) THE writ petition is directed against an order bearing No. P -7(269)/53/PER (Pt. IV) dated January 10, 1979. The said order is quoted below Whereas on consideration of the record of disciplinary proceedings instituted against Dr. A.K. Ghosh, Assistant Director, Cholera Research Centre (now National Institute of Cholera and Enteric Diseases), Calcutta, and the representation made by the said Dr. A. K. Ghosh, Assistant Director, in reply to the notice calling upon him to show cause against the action proposed to be taken against him, the Executive Committee of the Council is satisfied that good and sufficient reasons exist for imposing upon the said Dr. A. K. Ghosh, Assistant Director, the penalty hereafter specified. Now, therefore, the Executive Committee of the Council by virtue of the provisions contained in Rule 41 of the Rules and Regulations of the Indian Council of Medical Research and Bye -law 15(a) governing the conditions of service of the employees under the Council hereby orders that the said punishment may be specifically imposed and ordered. Dr. A. K. Ghosh, Assistant Director of the National Institute of Cholera and Enteric Diseases, Calcutta, is accordingly removed from the service with disqualification for future employment under the Council. This order will be. effective from the date oP the receipt by Dr. Ghosh.
(2.) THE facts of the case in brief are as follow: The Petitioner after passing the Bachelor of Medicine and Bachelor of Surgery Examination of the Calcutta University and also passing of Diploma in Tropical Medicine and Hygiene Examination of the Calcutta University obtained a degree of Doctor of Philosophy (Med.) Immunology. The Petitioner has to create experience of research in Medical Microbiology and Immunology. The Petitioner further obtained post -Doctoral Research Grant of the World Health Organisation, Geneva, and worked at the Department of Microbiology, University of Chicago, United States of America. The Petitioner also was invited to present his work in the International Symposium Vibrio Para -haemolyticus at Tokyo in the month of September 1973. It is also to be noted that the Petitioner did work as officiating Director of Cholera Research Centre when the post of Director of the said Centre was lying vacant. The Petitioner is the only Scientist and Research Guide of the said Centre under whom two students obtained their Ph.D. degree in Microbiology from the University of Calcutta which has already been recorded in the Annual Report of the said Centre.
(3.) THE Petitioner, the seniormost officer of the Centre on the basis of the length of service joined Cholera Research Centre in August 1964. On the basis of the selection, the Petitioner was promoted to the post of Senior Research Officer (Cadre) in the year 1968 and subsequently to the post of Assistant Director, Cholera Research Centre, Calcutta, one of the permanent Institutes of the Indian Council of Medical Research (for short I.C.M.R. hereafter) in January 29, 1973. The Governing Body of I.C.M.R. issued the order of appointment of the Petitioner dated January 29, 1973, to the post of the Assistant Director of the Cholera Research Centre at Calcutta on a scale of pay of Rs. 900 per month in the scale of pay of Rs. 900 -3 - -1300 plus non -practising allowances and other allowances on probation for two years.;