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HIGH COURT OF CALCUTTA
Pradyot Kumar Banerjee & B C. Ray, JJ.
Bimala Kanta Mukherjee
vs.
State of West Bengal & Ors.
MANDAMUS APPEAL No. 529 of 1979
Decided On: February 2, 1980
NATURAL JUSTICE - PRINCIPLES - CHARGESHEET - BIAS - CHARGESHEET ISSUED WITH CLOSED MIND - VIOLATION OF PRINCIPLES OF NATURAL JUSTICE - CHARGESHEET VOID AND BAD IN LIMINE.
Fact of the Case:
The petitioner, a pre-merger civil servant of the free city of Chandernagore, was issued a chargesheet alleging that he had acquired assets in excess of his known sources of income. The chargesheet was issued under the West Bengal Services (Classification, Control and Appeal) Rules, 1971 and the West Bengal Government Servants Conduct Rules, 1959. The petitioner challenged the chargesheet on the ground that it was issued with a closed mind and violated the principles of natural justice.
Finding of the Court:
The court found that the chargesheet was issued with a closed mind as the disciplinary authority had already formed an opinion that the petitioner had acquired a definite amount of assets in excess of his known sources of income. The court held that this violated the principles of natural justice and rendered the chargesheet void and bad in limine.
Issues: Whether the chargesheet was issued with a closed mind and violated the principles of natural justice.
Ratio Decidendi: The court held that the chargesheet was issued with a closed mind as the disciplinary authority had already formed an opinion that the petitioner had acquired a definite amount of assets in excess of his known sources of income. The court held that this violated the principles of natural justice and rendered the chargesheet void and bad in limine.
Final Decision: The court allowed the appeal, set aside the judgment of the single judge, and quashed the chargesheet and the appointment of the enquiry officer.
B.C. Ray. J: This appeal is at the instance of the petitioner and is directed against the judgment and order passed on 4th June, 1979 in Civil Rule No. 1963(W) of 1973 by our learned brother Manas Nath Roy, J. discharging the Rule.
2. The petitioner mt1wd an application under Article 226 of the Constitution assailing the propriety and validity of two orders being memo No. 22-EDN(V)/7(C)-10/72 dated 7th June, 1973 issued in the name of the Governor by the Education Commissioner and Secretary, Government of West Bengal, respondent No.2 intimating that the Governor has been pleased to appoint Sri A.K. Coari. Commissioner for Departmental Enquiries, Vigilance Commission, West Bengal as Enquiring Authority to enquire into the charges framed against the petitioner and order dated 7th June, 1973 contained in memo No. 21-EDN (V)7(C)-10/72 stating that an enquiry was proposed to be held against the petitioner under sub-rule 2 of Rule 10 of the West Bengal Services (Classification, Control and Appeal Rules, 1971 in respect of 6 articles of charges contained therein. The Charges being (1) Acquisition of moveable and immoveable properties to the tune of Rs. 148,927/- in excess of his known sources of Income, (2) Collection of subscription or donation for Ram Krishna Sardada Vidya Mahapith without obtaining sanction of the Government as required under Rule 13 of the West Bengal Servant's Conduct Rules, 1959. (3) Non-submission of declaration of assets from 1949 to 1963 in violation of Rule 15(4) of the West Bengal Government Servant's Conduct Rules (4) Fabrication of false receipt dated 27th February, 1960 showing payment of Rs. 2,000/- to Sanat Kr. Ghosh, Controller aid thereby filing to maintain a high standard of integrity and his conduct is thus unbecoming of a Government Servant, (5) Advancement of loan of more than a lakh of rupees to Ram Krishna Sarada Vidya Mahapith and Rs. 17,669/- to Andul Higher Secondary School in contravention of Rule 14 of the said Government Servant's Conduct Rules and (6) Acquiring of moveable and immoveable properties without previous sanction of the appointing authority in violation of Rule 15(4) of the said Conduct Rules.
3. The petitioner was appointed as a professor of Bengali in Chandernagore College which was a French Settlement in India. The petitioner was subsequently confirmed in the said post. By the French decree No. 472121 dated 7th November, 1947 the town of Chandernagore was declared to be a free city severing all its connection with other French Settlements in India. On 2nd May, 1950, the free city of Chandernagore provisionally merged with the Union of India by an agreement made between the President of India and the President of the French Republic. Thereafter a treaty of cession were signed by representatives of the Union of India and the President of the French Republic on 2nd February, 1951. The Territory of the free city of Chandernagore was transferred to India in full sovereignty and by Article III of the Protocol annexed to the said treaty of cession the Civil Servants employed in the city of Chandernagore has been given right to exercise their option to retain either French nationality or Indian nationality and those who would opt for Indian Union were to be retained usually by the Republic of India. The petitioner was retained in service and he continued to the Civil Service of the free city of Chandernagore and thereafter on it, merger with the State of West Bengal. Under the provisions of Chandernagore Assimilation of Laws Act, 1955 the pre-merger Civil Servants of the free city of Chandernagore were given the option to retain the old service condition and the petitioner retained his old service condition and was thus governed by pre-merger terms and conditions of service. The Government of India by letter No. 33(4)EL/53 dated 12.11.53 assured the Civil Services of Chandemagore that their pre-merger condition of service would not be changed.
4. After the merger of the free
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