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2012 Supreme(Cal) 352
IN THE HIGH COURT OF CALCUTTA
ASHOKE KUMAR DASADHIKARI, J.
Chittaranjan Bhunia – Appellant
Vs.
West Bengal Forest Development Corporation Limited and Ors. – Respondent
W.P. 5717(W) of 2010
Decided On: 26.04.2012
For Appellant/Petitioner/Plaintiff:Mr. Jaharlal Dey, Mr. Ashit Kumar Chakraborty, Mr. Monoranjan Maiti and Mr. Subhajit Panja, Advocates
For Respondents/Defendant:Mr. Soumya Majumdar and Mr. Soumen Das, Advocates
A second charge-sheet issued on the same set of facts after the quashing of the first charge-sheet on the grounds of incompetency of the issuing authority and limitation is not maintainable.
Headnote:
WEST BENGAL FOREST DEVELOPMENT CORPORATION LTD. - SUSPENSION AND CHARGE-SHEET - WEST BENGAL SERVICE (CLASSIFICATION, CONTROL & APPEAL) RULES, 1971 - R. 7(1), 10 - WEST BENGAL FOREST DEVELOPMENT CORPORATION LTD. SERVICE RULES, 1974 - R. 47(a) - SUMMARY
Fact of the Case:
The petitioner, an employee of West Bengal Forest Development Corporation Ltd., was placed under suspension and served with a charge-sheet. He challenged the suspension and charge-sheet in the High Court, which quashed them on the grounds that they were issued by an incompetent authority and were barred by limitation.
Finding of the Court:
The court held that the second charge-sheet issued by the respondents on the same set of facts was not maintainable and the impugned disciplinary proceeding as well as the penalty imposed on the petitioner were also not sustainable in the eye of law and quashed them.
Issues: 1. Whether the second charge-sheet issued by the respondents on the same set of facts was maintainable? 2. Whether the impugned disciplinary proceeding and the penalty imposed on the petitioner were sustainable in the eye of law?
Ratio Decidendi: 1. Once the order of suspension and charge sheet issued by the respondents were quashed and set aside without granting any leave and/or opportunity to proceed farther on the selfsame allegations or on the selfsame charges the respondents authorities are estopped from proceeding with the charges by issuing a second charge-sheet on the selfsame set of facts. 2. The period of limitation as stipulated under Rule 47(a) is a mandatory one specially when the words used in that provision that Rule makes it clear that attempt should be made to frame definite charges against the employee who is placed under suspension within two months from the date of suspension at the latest. These three words "at the latest" are very significant in this respect and the period as prescribed under the Rule is specific and mandatory.
Final Decision: The second charge-sheet issued by the respondents, the impugned disciplinary proceeding, and the penalty imposed on the petitioner were quashed. The respondents were directed to give all benefits to the petitioner within eight weeks from the date of communication of the order.
Ashoke Kumar Dasadhikari, J.
1. The writ petitioner is an employee of West Bengal Forest Development Corporation Limited. He was appointed as trainee in the year 1972 and thereafter in April 1975 he was appointed on regular basis. He was promoted to the different higher posts. Lastly in the year 1996 he was promoted to the post of Range Manager and posted at Buxa Logging Division in the district of Cooch Bihar. In the year 2003 he was transferred to Cashew Plantation Division and was posted at Range-I at Midnapur Sadar. By and under a notice dated 12th April, 2005 he was placed under suspension under rule 7(1) of the West Bengal Service (Classification, Control and Appeal) Rules, 1971 by the Divisional Manager, Cashew Plantation Division, Midnapur. Thereafter a charge-sheet was issued to the appellant/writ petitioner by the General Manager (headquarter) of the West Bengal Forest Development Corporation Limited under office order No. 1/ORG/205 dated 27th October, 2005. The charge-sheet is set out hereunder:
WEST BENGAL FOREST DEVELOPMENT CORPORATION LIMITED
(A Government of West Bengal Undertaking)
Office of the Managing Director
6A, Raja Subodh Mulick Squire, 7th floor, Kolkata-13.
Office Order No. 1/ORG/2005 Dated 27-10-2005
CHARGE SHEET
The undersigned proposes to hold an enquiry under rule 10 of the West Bengal Services (Classification, Control & Appeal) Rules, 1971, against Shri Chitta Ranjan Bhuniya, RM (under suspension). The substance of imputation of misconduct or misbehaviour, negligence in duty, violation of superiors order in respect of which the enquiry is proposed to be held is set out in the articles of charge (Annexure-I).
1. A statement of imputations of misconduct or misbehaviour, negligence of duties, violation of Superiors Order in support of each article of charge is enclosed (Annexure-II). A list of documents by which, and a list of witnesses by whom the articles of charge are proposed to be sustained are also enclosed (Annexure-III & IV).
2. Shri Chittan Ranjan Bhuniya, RM (under suspension) is directed to submit within 10 (ten) days of receipt of this Memorandum a written statement of his defense to Enquiring Authority and also to state whether he desires to be heard in person.
3. He is also informed that an enquiry will be held only in respect of those articles of charge as are not admitted. He is therefore, specifically admit or deny each article of charge.
4. Shri China Ranjan Bhuniya, RM (under suspension) is further informed that if he does not submit his written statement of defense on or before the date specified in paragraph 2 above, or does not appear in person before the Inquiring Authority or otherwise fails or refuses to comply with the provisions of the rules/orders directions issued in pursuance of rule of West Bengal Services (Classification, Control & Appeal) Rules, 1971, the Inquiring Authority may hold the inquiry against him ex parte.
5. Attention of Shri Chitta Ranjan Bhuniyua, RM (under suspension) is invited to Rule 40 of West Bengal Forest Development Corporation Ltd. Service Rules and Financial Powers, 1974, under which no Government/Corporation Servant shall bring or attempt to bring any Political or outside influence to bear upon any Superior Authority to further his interests in respect of matters pertaining to his service under the Government/Corporation. If any representation is received on his behalf from another person in respect of any matter dealt within those proceedings, it will be presumed that Shri Chitta Ranjan Bhuniya, RM (under suspension) is aware of such a representation and that it has been made at his instance and action will be taken against him for violation of Rule 22 of the West Bengal Government Servants Conduct Rules, 1959.
The receipt of this memorandum may be acknowledged.
Sd/-
General Manager (hq)
West Bengal Forest Development Corporation Limited.
2. Challenging the aforesaid order of suspension and charge-sheet the writ petitioner came up before this Hon'ble C
