JUDGMENT

CHINNAPPA REDDY, J.:—The appellant, member of the Indian Administrative Service, while working as Divisional Commissioner, North Bengal, was served on May 2, 1970, with a memorandum of charges and was informed by another memorandum to which a list of documents and witnesses was attached, that it was proposed to hold an enquiry against him under Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969, and that, if he so desired, the appellant could inspect the documents mentioned in the enclosed list. He was further informed that he should submit a written statement of defence within fourteen days from the date of completion of inspection. The appellant submitted his written statement of defence on June 9, 1970. On August 12, 1970 Shri A.N. Mukherjee, Commissioner for Departmental Enquiries, Vigilance Commission, West Bengal, was appointed as Enquiry officer to enquire into the charges against the appellant. After completing the enquiry, the Enquiry officer submitted a report giving his findings on the various charges. Charges Nos.2 and 5 were held to be proved, charges Nos. 3 and 4 partly proved and Charge No. 1 also proved but considered to be a technical omi