PROKASH CHANDRA MALLICK,J. - (1.) CR 7014(W) of 1984 was filed in the Calcutta High Court on 14.5.1984 with a prayer for directing the respondents - (i) To withdraw, recall and cancel the retirement order dated 9.6.1972 (Annexure 'F') and (ii) To withdraw, recall and cancel the letter dated 28.12.83 / 5.1.1984 (Annexure 'G') and treat the applicant as reinstated in the I.A.S. with effect from 23.9.1972 till the normal date of superannuation with full salary and other benefits which he would have entitled to receive as Member, Board of Revenue and Chief Secretary. The application was received on transfer by this Tribunal under Sec. 29 of the Administrative Tribunals Act, 1985 and was registered as T/A 168 of 1988.
(2.) The applicant was appointed to the Indian Administrative Service (I.A.S.) with effect from 2.12.1947 was assigned to the West Bengal cadre. He was promoted to the post of Commissioner in the super - time scale of Rs. 2500 - 2750 in 1962 and continued to hold that post for about 10 years from 1962 to 1972. According to the applicant, during the period 1962 - 72, he received only two communications relating to the years 1970 - 71 and 1971 - 72 containing reference to certain disciplinary proceedings instituted against him. He has asserted that since nothing was communicated to him for 8 years prior to 1970 - 71, it was obvious that his record was without blemish during that period.
(3.) Two memos dated 29.1.1970 (Annexure 'A') were issued to the applicant by the State Government communicating institution of disciplinary proceeding and articles of five charges for failure to maintain absolute integrity and devotion to duty. The applicant filed CR. No. 5181(W) of 1970 challenging the validity of the departmental proceeding and obtained a stay order.;