Judgement

JAGANNADHADAS, J. : This is an appeal by leave of the High Court of Calcutta under Art. 132(1) of the Constitution. The appellant before us was the Registrar and Accountant-General of the High Court at Calcutta on its Original Side. He was appointed to the post by the Chief Justice of the High Court on 4-3-1948 and confirmed therein on 15-11-1948. He was dismissed thereform with effect from 1-9-1951 by an order of the Chief Justice dated 3-9-1951.

There were various charges against him and Mr. Justice Das Gupta was deputed by order of the Chief Justice dated 28-5-1951, to make an enquiry and submit a report. Das Gupta J. made a full enquiry and submitted his report on 11-8-1951, in which he exonerated the appellant in respect of some of the charges but found him guilty in respect of the other charges. The learned Judges expressed his conclusion as follows :

"Mr. Bose (the appellant) must be held to be guilty of misconduct and dishonest conduct and (that) he is unfit to hold the office of Registrar of the Original Side of this Court".

The Chief Justice issued to the appellant a notice on 16-8-1951, intimating that he agreed with the report after careful consideration thereof and asking him to show cause why he should not be dismissed from his post. The appellant was given a hearing by the Chief Justice on 31-8-1951. The order dated 3-9-1951, of the Chief Justice dismissing the appellant from his offices a copy of which was served on him, runs as follows :

"A full and thorough enquiry was held by K. C. Das Gupta J. into the charges made against Shri P. K. Bose the Registrar of the Original Side of this Court. Sri P. K. Bose was represented by eminent Counsel and every opportunity was given to him to meet the charges and put forward his explanation and defence. The learned Judge, however in a full and very carefully considered report found Sri P. K. Bose guilty of serious charges involving moral turpitude and dishonesty and further he was of opinion that Shri P. K. Bose was by reason thereof unfit to hold the said office of Registrar.

I considered this report and the evidence most anxiously and found myself in entire agreement with the leaned Judge. Sri. P. K. Bose was, in my view, clearly guilty of the matter comprised in the charges specified by K. C. Das Gupta J. I considered that prima facie the conduct of Sri P. K. Bose warranted dismissal and I, therefore, gave him notice under Art. 311(2), Constitution of India to show cause against the action proposed against him, namely dismissal.

On 31-8-1951, Sri. P. K. Bose showed cause before me and I heared Sri Sachin Chaudhari his counsel and Sri P. K. Bose personally. In all the circumstances this is not a case in which I can properly show any leniency, Sri P. K. Bose has abused the trust and confidence reposed in him and has been found guilty of serious malpractices and dishonesty. Conduct such as this of an officer of the status of the Registrar of the Original Side of this Court is unpardonable and must be dealt with severely. I, therefore, dismiss Sri P. K. Bose from his office as Registrar of the Original Side of the Court, the dismissal to take effect from 1-9-1951.

Let a copy of this order be served on Sri P. K. Bose".

On 25-1-1952, the appellant submitted a petition to the Governor of West Bengal for cancellation of the above order. He received intimation dated 9-7-1952, that the "Governor declines to interfere on his behalf". Thereupon he filed an application to the Chief Justice for review of the prior order of dismissal. It may be mentioned that it was Chief Justice Sir. Arthur Trevor Harries, who had initiated the proceedings against the appellant and passed the order of dismissal. He retired in June, 1952.

The application for review was made to the successor Shri P. B. Chakravarti C. J. on 11-9-1952. This application was rejected on 16-9-1952. Thereafter on 24-11-1952 i.e. more than a year after the order of dismissal, a writ application was filed on the Original Si