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IN THE HIGH COURT OF CALCUTTA
Sanjib Banerjee, J.
Partha Sarathi Dhar - Petitioner
Versus
Kolkata Metropolitan Development Authority and others - Respondents
W.P. 27294(W) of 2014
Decided On : 15-1-2015
For the Appellant :Soumya Majumdar, Mainak Ganguly, Victor Chatterjee, Advocates.
For the Respondent:Satyajit Talukdar, Advocate.
A charge-sheet can be quashed if the charges do not constitute misconduct within the meaning of the relevant regulations and if the charge-sheet is issued with mala fide intention.
Headnote:
PARTHA SARATHI DHAR - DISCIPLINARY PROCEEDINGS - SERVICE REGULATIONS - MALA FIDES - CHARGESHEET QUASHED - COSTS AWARDED
Fact of the Case:
The petitioner, an Assistant Engineer in KMDA, challenged a charge-sheet issued against him on grounds of mala fides and hostile discrimination. The charges related to availing a loan from a bank without prior permission, not clearing the loan dues, and submitting a petition directly to the Chairman of KMDA regarding promotion.
Finding of the Court:
The court found that the charges did not constitute misconduct within the meaning of the cited provisions of the regulations governing the petitioner's services. The court also found that the charge-sheet was actuated by malice and for extraneous considerations.
Issues: 1. Whether the charges against the petitioner constituted misconduct within the meaning of the relevant regulations? 2. Whether the charge-sheet was issued with mala fide intention?
Ratio Decidendi: 1. The provisions cited in support of the charges did not require prior permission for availing a loan or for not clearing the loan dues. 2. The petitioner's submission of a petition directly to the Chairman of KMDA was not a violation of any regulation. 3. The court found that the charge-sheet was issued with mala fide intention as it was a backlash against the petitioner for challenging an earlier illegal promotion process.
Final Decision: The court quashed the charge-sheet and directed the respondent officers to pay costs to the petitioner. The court also directed KMDA to pay costs to the petitioner which the petitioner was to deposit in a separate account with the Syndicate Bank.
Sanjib Banerjee, J.
The only mitigating factor in this matter is the lukewarm defence put up at the hearing by the Kolkata Metropolitan Development Authority and its officers to the charges of mala fides and hostile discrimination levelled by the petitioner.
2. The petitioner is an Assistant Engineer in KMDA. The petitioner was the first named among several petitioners who challenged an arbitrary action by the employer in giving ad hoc promotions to officers who were junior to those petitioners on the eve of their deputation to certain other units or organizations. Such challenge was upheld by this court and the entire process has to be 2 reworked causing immense inconvenience to the respondents upon the order having attained finality in the Supreme Court. Blue-eyed boys of the persons who matter in KMDA have not been able to reap the benefits of the undeserving promotions thrust on them. A backlash was bound to follow.
3. During the pendency of the proceedings challenging the illegal promotions, leave was obtained by KMDA from the appellate court to permit ad hoc promotions to enable assistant engineers to officiate as executive engineers. Several candidates were considered but the petitioner was excluded. After all, the petitioner's name appeared in the cause-list as the first named petitioner and that caused considerable discomfort to the superior officers. A further petition has been filed by this petitioner complaining of a promotion due to him after 37 years of unblemished service being denied to the petitioner who is on the verge of retirement. The excuse proffered by the respondents is that the necessary clearance has not been received from the vigilance cell. The petitioner's service records were required to travel to the vigilance cell because of possible adverse remarks therein, though it is an undisputed position that no adverse remark made against the petitioner in his annual confidential reports or other records have ever been furnished to the petitioner.
4. There is a categorical assertion in the petition that upon the petitioner complaining of the petitioner's promotion being arbitrarily and illegally blocked or delayed being received in court, some observations were made from the Bench on or about May 8, 2014. Shortly thereafter, the petitioner received a memorandum dated May 6, 2014 from the Chief Executive Officer forwarding the articles of charge and the statement of imputation of misconduct in respect of the articles. The articles need to be seen in their entirety for the grievance of the petitioner and the conduct of seemingly responsible officers of KMDA to be seen in proper perspective :
Article of Charge- I
"That the said Shri Partha Sarathi Dhar, while functioning as a Technical Assistant(Civil), BI & LIG Sector (renamed as BSUP Sector), now posted as Assistant Engineer at Calcutta Division, W. S. Sector, Kolkata Metropolitan Development Authority, Unnayan Bhavan, Kolkata - 700091 availed loan amounting to Rs. 4,50,000/- from the Syndicate Bank, Salt Lake Branch in connection with the attempt to purchase a flat at 11A, Dharmatala Road, Kasba, Kolkata - 700042, on 17-02-2005.
After paying a portion of loan amount Shri Dhar stopped payment of EMIs. As per the bank statement the loan amount along with interest stands Rs. 10.6 lakh as on 31.07.2012.
Shri Dhar did not take any permission from the competent authority prior to avail loan from bank, in connection with his attempt to purchase a flat at 11A, Dharmatala Road, Kasba, Kolkata - 42.
Thus it transpires that Shri Dhar misappropriated the entire money by deceitful manner, which prima-facie shows lack of integrity and is, therefore, improper and most unbecoming of a public servant.
Action may be initiated against Shri Dhar for the above misconduct.
Article of Charge - II
That the said Shri Partha Sarathi Dhar, while functioning as a Technical Assistant(Civil), BI & LIG Sector (renamed as BSUP Sector), now posted as Assistant Engineer at Calcutta Division
