Ruma Pal, J. - (1.) The respondent was appointed as Official Receiver and Official Assignee on 5th April 1976. In his capacity of Official Receiver, the respondent was appointed receiver over various properties which were under litigation. Several complaints were made against the respondent alleging irregularity and wrongful dealing with funds in the respondent's hands. The matter was placed before the Full Court. The Chief Justice appointed a Special Committee to look into the allegations. The Special Committee submitted a report before the Full Court which was accepted by Resolution dated 23rd February, 1998. The relevant extract of the resolution reads: "The Registrar, Original Side, is directed to write a letter drawing the attention of the appropriate Government Authority to the several complaints against the Official Receiver and his office so far received by the Court in various pending proceedings on the original side alleging mal- practice, corruption, mis-appropriation of funds and other irregularities etc. and also urging upon the Government to take appropriate action forthwith with regard to the said complaints, failing which the Court may have to think of discontinuing the appointment of official Receiver in the concerned cases and of taking such other steps as the court may think fit and proper."
(2.) Pursuant to the resolution, on 31st May 1998 the Registrar (Original Side) of this Court wrote to the Secretary, Judicial Department, Government of West Bengal drawing the aforesaid facts to the notice of State Government and further stating as follows : "I am also directed to impress upon you that the Official Receiver is an employee of the State Government and not of this Court, and as such this Court is not competent to initiate disciplinary proceedings against him but the State Government may take such steps for his removal in view of the series of allegations of mal-practices, corruption and misappropriation of funds received against him and his office in various proceedings in the Original Side of this Court. In fact there are, amongst others, complaints against the Official Receiver on the grounds as indicated hereinbefore, in respect of the estate of Smt. Golap Desai v. Ramnath Tagore and Ors., Bank of Commerce Ltd. (In Liquidation) and the Matter No. 64 of 1950 (Official Receiver, High Court and Another v. Badri Prasad Deora), apart from complaints by Sarbashree Monoranjan Mandal, Arun Safui and Debosh Bhowmick. I am, therefore, directed to refer to the observations of the Full Court that in view of the seriousness of the allegations against the Official Receiver the Court may have to think of discontinuing his appointment in the concerned cases and to take such other steps as the Court may think fit and proper. In the circumstances, I am directed by the Full Court to request you to take such immediate and appropriate steps against the Official Receiver as the Government may deem fit and proper in the interest of administration of justice and of the litigant public."
(3.) On 17th November 1988 an order of suspension was issued by the Judicial Department, Government of West Bengal in contemplation of disciplinary proceedings. The suspension order was stayed on 21st November 1988 with leave granted to the respondent to take out a formal application by 28th November 1988. The respondent made a formal application (Matter No. 4561 of 1998) and the stay granted on 21st November, 1988 was continued.;