JUDGMENT 1. THE petitioners in the present two writ applications were appointed as Extra-Muharrirs and were posted at sawiagar Sub-Registry Office. They joined on February 24, 1977, on being appointed as such by the Judicial Minister and forwarded by the Inspector General of Registration, West bengal under Registration Directorate Memos dated July 30, 1976 (vide Annexure 'a'. 2. THE petitioners were surprised to receive letters dated march 25, 1978 where it was indicated that their services as Extra-Muharrirs were dispensed with from tie very same day, i. e. from March 25, 1978 (Annexure 'b'. The petitioners on April 3, 1978 submitted applications to the Government of West Bengal praying for their reinstatement and on or about April 18, 19 78 they were informed that the orders of their termination had been withdrawn (Annexure ' E. 3. THEREAFTER, all on a sudden the petitioners were surprised to receive letters dated May 1 8, 1978 by which they were directed to submit explanations as to how that got their appointments as Extra-Muharrirs within 7 days from the date of receipt of the letters (vide Annexure ' F1) 4. IN accordance with the directions given by the Sub-Registrar, Ramnagar, the petitioners submitted their explanations to the Inspector General of Registration, West Bengal, through proper channel on September 26, 1978. Subsequently, the petitioners received orders from the district Registrar, Midnapore, intimating them that enquiries revealed that the appointments of the petitioners were made on the basis of illegal and, tampered documents and as such it was ordered and directed and the Inspector General of Registration, West Bengal that their services-were terminated with immediate effect (Annexure ' H. 5. THESE orders of termination have been challenged by vie petitioners in the instant writ applications. 6. APPEARING on behalf of the petitioners' in both the writ applications, it was contended' 'by Mr. Banerjee, the learned advocate, that the purported enquiries on the basis of which the service 3 of the petitioners were terminated, having been held in absence of the petitioners without giving them any opportunity of being heard, were bad in law and of no effect as violative of the principles of natural justice. On the other hand, Mr.
Banerjee, the learned advocate, that the purported enquiries on the basis of which the service 3 of the petitioners were terminated, having been held in absence of the petitioners without giving them any opportunity of being heard, were bad in law and of no effect as violative of the principles of natural justice. On the other hand, Mr. Sarkar, the learned Advocate ; appearing on behalf of the respondents, contended that since the findings of the enquiring authority are based on official records indicating clearly that in the matter of giving appointments to the petitioners such records were tampered and interpolated and since there was no positive allegation of mala fides either against the Officer of the Department of Registration who held the enquiries or against the Inspector General of registration, under whose direction the impugned orders of termination were issued, there could - be no violation of natural justice for not allowing the petitioners an opportunity of being heard. As a matter of fact, in the affidavit-in-opposition filed by the respondents it has been alleged that the enquiry was held in the presence of the petitioners. 7. . COMING now to the rival contentions of the parties, the appointments of the petitioners appear to have been made rather in an unusual way. It is said that coming to know from a "reliable source" the petitioners applied for their respective posts to the Judicial Minister, Government of West Bengal "hereafter they made enquiries in the office of the District registrar of Midnapore and came to know that their cases had been considered by the Minister and appointment letters were issued to them (vide Annexure 'g'. Thus, the appointments were not made in the usual way, i. e., the way the other similar appointments to Government services are normally made. The fact that the applications were made directly to the Minister has prima facie a different story to tell by itself., 8. NOW, as it clearly appears, the services of the petitioners were not terminated, on grounds of any misconduct, misdemeanour etc. but on the sole ground of invalidity or. illegality of their appointments as based on tampered records. As a matter of fact, the report of enquiry annexed to the affidavit-in-opposition shows that the names of the petitioners were introduced by deleting other names from the relevant official records.
but on the sole ground of invalidity or. illegality of their appointments as based on tampered records. As a matter of fact, the report of enquiry annexed to the affidavit-in-opposition shows that the names of the petitioners were introduced by deleting other names from the relevant official records. In other words, the alleged reliable sources of the petitioners had very vital- roles to play in the matter since they had to create two vacancies for the petitioners which, in fact, were not there, by tampering and interpolating the official records. And this seems to be the real reason why tl -. 'j: petitioners avoided- the normal channel of appointment and apparently by exercising some political or other influence managed to get their names recommended by the Minister himself. The report of enquiry annexed to the affidavit-in-opposition shows that in the absence of the addresses of the persons whose names were deleted to accommodate the petitioners, could not be examined, which indicates that all traces of the said two persons were obliterated from the records and it is quite likely that the said two persons are not even aware that they were lucky to be selected for the posts. The instant cases, in my view, amply illustrate how such backdoor methods of appointments have been the root cause of many evils and how this process has encouraged "corruption and malpractices in the bureaucracy. 9. AS it appears, the instant cases relating to the appointments of the petitioners were enquired into by a public servant against whom there is neither any specific allegation of malafide nor bias and consequently, it cannot be said that the said officer gave a false and malicious report that the petitioners were appointed by tampering and interpolating the official records and that being so, there is no difficulty in accepting his report on its face value. 10. ASSUMING for the time being that the enquiry was held in the absence of the petitioners, it does not make very much difference since it being nobody's case that the records were tampered by the 1 petitioners themselves, they could not have raised any other plea on their participation in the enquiry, other than that the records were not tampered or interpolated. The- matter obviously would have been different had there been any positive imputations or aspersions against the petitioners themselves because, in that case?
The- matter obviously would have been different had there been any positive imputations or aspersions against the petitioners themselves because, in that case? it would have been the duty of the enquiring officer to give the petitioners an opportunity of being heard fore making any finding against them. That being so, the petitioners, in my view., can have no relief resulting from the alleged violation of the rule? of nature. 1 justice. 11. FURTHERMORE, the or a prerogative writ under Article 226 of the Constitution being a discretionary relief, i do not think that such discretion should be exercised in the instant cases where the petitioners have not apparently come with clean hands. 12. THEY might be innocetrc in take sense that they themselves did not have access to the records but they must have somehow gained over their alleged reliable sources, who did the rest of the job for them with the knowledge that the petitioners were capable otherwise to have their names recommended by the Minister concerned by "applying to him directly ignoring the normal channel. It need not be emphasised that in. the circumstances disclosed in the instant, cases, a Court, of equity should not extend its helping hand because that will amount to helping the petitioners in perpetuating the illegality which they obviously have committed in connivance with some dishonest employees of the Department. 13. THE writ applications be accordingly dismissed, the rules issued be discharged and interim, orders, if any, do stand vacated. No order is made for costs in the Rules. 14. THIS order will govern both the writ applications hereby heard analogously. On the prayer of Mr. Banerjee representing the petitioners in both the cases, the operation of this order do remain-stayed for a period of four weeks from this date.