TMI Blog1954 (1) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... his case are shortly as follows: On 29-4-1950, the petitioner was appointed an Additional Rehabilitation Officer under the Relief and Rehabilitation Commissioner, West Bengal, with effect from the date he joined his duty. The appointment letter which is annexure 'A' to the petition, provides as follows: The appointment is purely on temporary basis and liable to be terminated without any notice. 3. The petitioner was posted at Kalna in the district of Burdwan, and one of his duties was to disburse loans to refugees. It is alleged that in course of an inspection of the loan account it was discovered that there were instances of gross negligence and corruption. The Deputy Financial Adviser Refugee Rehabilitation Department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Calcutta..... you are also directed to show cause in writing by 27-8-51 why you should not be dismissed from Government Service or other- wise suitably punished for carelessness, corruption and loss of Government money..... Although the headings of the charges have been specified, this letter by itself does not give the particulars. It is stated however that the report of the Deputy Financial Adviser was made available to the petitioner and no complaint is made on that behalf. The petitioner in due course forwarded his explanation, described as his written statement (annexure 'D'1 to the petition) to the District Magistrate, Burdwan through the Sub-Divisional Officer, Kalna. The Refugee Rehabilitation Officer requested the Dist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bengal passed an order which is as follows: ORDER Sri Balai Chand Basak, Additional Rehabilitation Officer now under suspension, is hereby dismissed from Government service from the date of issue of this order, on being found guilty of carelessness, corruption and loss of Government money in course of departmental enquiry . 7. It is against this order that this rule is Directed. 8. The learned Government Pleader appear-ing on behalf of the respondents argues that the petitioner was a temporary hand whose services could be terminated without notice and therefore sic) enquiry was necessary and the order was lawful. If an enquiry was necessary, he has not taken up the position that the procedure adopted was in accordance with l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tment and simply terminated his services, that would be unexceptionable. In such a case, no question of charge, enquiry, suspension or dismissal could arise. Where there is a contract of service, and the Government acts in terms thereof the provisions of Article 311 are not attracted. -- 'Satish Chandra Anand v. Union of India', [1953]4SCR655 (D). In that case it was pointed out that dismissal, removal or reduction in rank were in the nature of penalties. Where the contract of service contains provisions for serving notice of dismissal and such a notice has been served, no question of penalty or punishment is involved and the provisions of Article 311 are not attracted. (Also see -- 'Jayanti Prosad v. State of Uttar Pradesh (C) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are examined without any reference to him and in his absence. But quite apart from this, there is a fatal defect in the order complained of. The original charge sheet mentions a series of charges (carelessness, corruption and loss of Government money). These charges must be read with the particulars contained in the report of the Deputy Financial Adviser (Annexure B) which again contains numerous headings. The punishments proposed are diverse, e. g., why he should not be dismissed or otherwise suitably punished. The final order of dismissal finds the petitioner guilty of the main headings in the charge but does not specify which of the headings in the report (Annexure 'B') had been brought home and the petitioner had no opportunity ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
