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HIGH COURT OF CALCUTTA
B. N. Banerjee
GOLAM MOHIUDDIN - Appellant
Versus
STATE OF WEST BENGAL - Respondent
Matter 297 Of 1961
Decided On : DECEMBER 03, 1963
The petitioner, a Curator of the Indian Botanical Gardens, was suspended from service on the basis of an enquiry report submitted by the Anti-Corruption Department of Police. The report contained several charges against the petitioner, including accepting bribes, obtaining permits for baby taxis and pistol licences by exerting undue influence, and leading an immoral life. The petitioner challenged the findings of the enquiry report and the subsequent dismissal order, arguing that the charges were baseless and politically motivated, and that he was not given a fair opportunity to defend himself during the enquiry.
Fact of the Case:
The petitioner, a Curator of the Indian Botanical Gardens, was suspended from service on the basis of an enquiry report submitted by the Anti-Corruption Department of Police. The report contained several charges against the petitioner, including accepting bribes, obtaining permits for baby taxis and pistol licences by exerting undue influence, and leading an immoral life. The petitioner challenged the findings of the enquiry report and the subsequent dismissal order, arguing that the charges were baseless and politically motivated, and that he was not given a fair opportunity to defend himself during the enquiry.
Finding of the Court:
The Court found that the charges against the petitioner were not supported by sufficient evidence and that the enquiry officer had not conducted the enquiry in a fair and impartial manner. The Court also found that the petitioner had not been given a reasonable opportunity to defend himself during the enquiry.
Issues: 1. Whether the charges against the petitioner were supported by sufficient evidence? 2. Whether the enquiry officer had conducted the enquiry in a fair and impartial manner? 3. Whether the petitioner had been given a reasonable opportunity to defend himself during the enquiry?
Ratio Decidendi: The Court held that the charges against the petitioner were not supported by sufficient evidence and that the enquiry officer had not conducted the enquiry in a fair and impartial manner. The Court also found that the petitioner had not been given a reasonable opportunity to defend himself during the enquiry. The Court relied on the principles of natural justice and the rules of evidence in reaching its decision.
Final Decision: The Court quashed the enquiry report and the dismissal order, and directed the reinstatement of the petitioner with back pay.
( 1 ) AT all times material for the purposes of this Rule, the petitioner was employed as the Curator of the Indian Botanical Gardens at Sibpore, District Howrah. On July 21, 1958, the petitioner was suspended from service, because there was an enquiry for alleged misconduct started against him by the Anti-Corruption Department of Police. Apparently acting on the report submitted by the Police, C. K. Ray (respondent. No. 3), the then Secretary, Forest Department, by a notice, dated October 17, 1958, charged the petitioner with several misconducts as hereinbelow stated :"charge I: Illegally and dishonestly accepted- (a) A sum of Rs. 400/- in 1948 from one Monomohan Roy, son of Mohini Mohan Roy of 23a, Peari Mohan Roy Road, Chetla, on the pretest of helping him to get a telephone installed in his house by influencing the Contract Officer Telephones; (b) A sum of Rs. 1,000/- from one Anadi Bhusan Singh, son of Surendra Nath Singh of Prince Anwar Shah Road, Tollygunge, on the false promise of procuring for him two permits for taxi and one permit for bus for Uluberia by influencing the District Magistrate, Howrah; (c) A sum of Rs. 800/- in 1955 from one Abdul Hamid Mir of Village Podra, Howrah, on the pretext of recommending him to Sri S. Mullick, I. C. S. , District Magistrate, Howrah, in connection with a criminal case instituted against Sri Mir by his co-villagers; (d) A sum of Rs. 200/- in 1954 from Sri Dhirendra Nath Mondal, owner of a stationery shop at 25, Shilimar Road, Howrah, on the false promise of influencing the Civil Supplies authorities for a licence for a ration shop; (e) A sum of Rs. 80/- in 1955, from Sri Anil Kumar Pathak of 591, Circular Road, Howrah on the false representation that Sri Anil Mukherjee Asst. Commissioner of Police, Detective Department, will have to be entertained in connection with the recovery of a sum of Rs. 800/- lost by Sri Pathak through cheating in respect of a deal in aeroplane plugs; (f) A sum of Rs. 1,000/- in 1955 from Sri Amar Singh of 5/4, Kaibartapara Lane Howrah, on the pretext of procurring for him a permit for Bus No. WBV 388 in the name of his brother Sampuran Singh by influencing the R. T. A. , Howrah; (g) Entertainment and parties in hotel costing-a sum of Rs. 200/- from Sri Amal Kumar Bose, son of Dr. Dhirendra_ Nath Bose of 13, Goabagan Street, Calcutta-6, on the false assurance of pro-curing for him a Cinema Licence in Howrah by influencing Sri S. Mullick, I. C. S. , District Magistrate, Howrah;charge II : And whereas you Sri Golam-Mohiuddin, Curator, Indian Botanical Gardens, Sibpur had for about one month taken food and drink without payment at the new Cathey Restaurant Chowringhee Road, Calcutta, belonging to onand Sri A. Rahman, P. 136, Jhowtala Road, Park Circus, on giving the latter a false hope of influencing the police authorities, Calcutta, to revoke the suspension order regarding late closing of his New Cathey Restaurant;charge III : And whereas you 'sri Golam Mohiuddin, Curator, Indian Botanical Gardens Sibpur; (a) had obtained two permits for Baby Taxi. one from the R. T. A. , Calcutta on 4-1-1957 and another from the R. T. A. , Howrah on 18-2-1957 by exerting undue influence on and utilising your personal acquaintance with Sri B. B. Mondal, I. A. S. , District Magistrate and Chairman, R. T. A. , Howrah and Secretary, R. T. A. , Calcutta for and in the name of Sri Sumit Mitra of 193, Karnani Estates, Calcutta knowing or having reason to believe that the said Sumit Mitra was a bad character; and (b) procured one licence for a pistol for and an the name of, one Sri Tarapada Sarkar of P. 147, Janak Road, Calcutta in December, 1956, by unduly influencing Sri R. N. Chatterjee, Superintendent of Police, 24-parganas, knowing and/or having reason to believe that the said Tarapada Sarkar was considered unsuitable for possessing arms; charge IV: And whereas you Sri Golam Mohiuddin, Curator, Indian Botanical Gardens, Sibpur, had between 1952, and 1958 u
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