Disciplinary dismissals without a reasonable chance to contest charges violate principles of natural justice, rendering such actions void.

1. The plaintiff Sudhir Ranjan Halder who is the appellant before us, obtained an appointment as a lower division clerk, under the then Government of Bengal, on April 15 1944. At the time material to the suit, out or which this appeal arises, however he was serving as a Sub-Inspector of Rationing, under the Rationing Officer, Bhowanipur Sub-Area, Calcutta.

2. On October 31, 1947, the residence of the plaintiff at ISA, Gangaprosad Mukherjee Road, Bhowanipur was searched by the men of the Enforcement Department, who seized a number of Ration Cards and cloth folders allegedly from the possession of the plaintiff, Thereupon, the plaintiff was arrested by the Police on the ground of wrongful and illegal possession of the said cloth folders and ration cards.

3. By an order, Exhibit 2(a), dated November 4, 1947, the Joint Controller of Rationing suspended the plaintiff, with effect from the date of the order, on the ground of his arrest by the Enforcement Branch. The aforesaid order was forwarded to the plaintiff on November 5, 1947, and was said to have been received by him on November 8, 1947.

4. The plaintiff was thereafter charged with having contravened Clauses 11 and 14 of the Bengal Rationing Order , 1943 and Cl. 12 of Bengal Cloth Rationing Order , 1945, and was prosecuted for an offence punishable under S.7(1) of the Essential Supplies (Temporary Powers) Act . 1846. While that case was pending, disciplinary proceeding was started against the plaintiff and the following charge (Exts. C and E) was drawn up against him : -
"Proceedings drawn up against Sri Sudhir Ranjan Halder S. I.
Whereas the Police in course of search of his room found 65 ration cards and 27 cloth folders is his possession and as a consequence thereof a criminal case has been started against him for contravention of Bengal Cloth Rationing Order and Bengal Rationing Order he is to show cause by 10-6-48 why he will not be dismissed from the service of the Govt. on the charge mentioned above.
SD/- J. N. Roy.
3-6
R. O. Bhowanipur."

5. This charge was said to have been forwarded to the plaintiff by registered post, to his home address at Deul Kati, Barisal (East Pakistan), of June 8, 1948 (Exts. F and F(1)) and was said to have refused by him on June 18, 1948.

6. There was a Board of Enquiry constituted by the authorities to go into the charge framed against the appellant. Before the Board started its enquiry, we find the following two orders in the memorandum of proceeding (Ex. A) :
"xx xx Memo No. T/I252 / G. S. dated 30-6-48 from R.O, Bhowanipur intimates that the copy of proceedings sent under Registered Post to the home address of S.I. Sudhir Ranjan Halder has been returned with the remark 'Refused'; as such a copy of proceedings as at Sl. 19 has been hung up by Lira on the office Notice Board.
P. Mitra.
The Clerk should be dismissed from service.
2-7-48
K.K. Mitra
S. O. (S) 3. 7.
The case of Sri Sudhir Ranjan Halder xx xx should go to the Enquiry Board with a precis xx xx
Illegible
S. O. (S)
Recd. 2 P.M.
5. 7 P.
Mitra
6-7-48."

7. The cases of the appellant and a co - accused, Nalini Ranjan Halder (with whom we are not concerned in this appeal