1. THE petitioner was employed as a peon in the office of the Sub-divisional Controller, Food and Supplies arambag, Hooghly. After a departmental enquiry the District Controller, Food, and Supplies, Hooghly compulsorily retired the petitioner with full entitlement to the pensionary benefits under the rules with effect from 1st June, 1979. The petitioner's appeal was dismissed by the Director, District Distribution, procurement and Supply, Government of West Bengal. Thereafter he has obtained the present Rule challenging his compulsory retirement from service by way of punishment.

2. THE petitioner's first submission is that the Memorandum of Charges dated 31st December. 1975 disclosed that the petitioner's disciplinary authority had already made up his mind and was biased against him. The charge sheet having been issued with a closed mind, the entire disciplinary proceeding against him was void ab initio. The second submission of the petitioner is that the onus of proof was wrongly placed upon the petitioner to establish that he did not possess assets disproportionate to his known sources of his income. Thirdly, it has been submitted that the petitioner's income from the y