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Issues Involved:
1. Compliance with Rule 75(a) of the West Bengal Service Rules. 2. Extension of service of a civil servant merely for the purpose of dismissal. 3. Control over District Courts and subordinate courts vested in the High Court under Article 235 of the Constitution. 4. Authority competent to take disciplinary proceedings and action against the petitioner. 5. Conduct of departmental enquiry and proceedings in violation of the principles of natural justice. Issue-wise Detailed Analysis: 1. Compliance with Rule 75(a) of the West Bengal Service Rules: The court examined whether Rule 75(a) was properly invoked to extend Bagchi's service beyond the normal retirement age. Rule 75(a) allows for the retention of a government servant in service beyond the age of 55 on public grounds, recorded in writing, but not beyond 60 years except in special circumstances. The court found that Rule 75(a) was not intended to be used for retaining a person merely to conduct a departmental enquiry. The rule is designed for retaining meritorious employees who can render further service in the public interest. The court agreed with the High Court that the retention of Bagchi under Rule 75(a) for the purpose of enquiry was improper and the extension of his service was illegal. 2. Extension of Service Merely for the Purpose of Dismissal: The court noted that Bagchi's service was extended repeatedly under Rule 75(a) while he was kept under suspension. This was done to conduct a departmental enquiry against him. The court held that such an extension was not in line with the intent of Rule 75(a), which is to retain employees for their valuable service, not for disciplinary proceedings. The court confirmed that the extension of Bagchi's service solely for the purpose of conducting an enquiry was illegal. 3. Control Over District Courts and Subordinate Courts Under Article 235 of the Constitution: The court analyzed whether the enquiry ordered by the government and conducted by an executive officer contravened Article 235, which vests control over district courts and subordinate courts in the High Court. The court emphasized that "control" under Article 235 includes disciplinary jurisdiction over the judges. The court concluded that the High Court has the authority to initiate and conduct enquiries into the conduct of district judges. The government's action of conducting the enquiry was found to be in violation of Article 235, as it undermined the High Court's control over the judiciary. 4. Authority Competent to Take Disciplinary Proceedings and Action: The court did not specifically address this issue in detail during the final hearing as it was subsumed under the broader discussion of Article 235. The court's analysis of Article 235 implicitly addressed this issue by affirming that the High Court is the competent authority to take disciplinary actions against district judges and judges subordinate to them. 5. Conduct of Departmental Enquiry and Proceedings in Violation of Natural Justice: Although this issue was not discussed at length in the final hearing, the court's decision to quash the enquiry and the dismissal order implicitly recognized that the proceedings were flawed. The court's emphasis on the High Court's control under Article 235 suggests that the enquiry conducted by the government did not adhere to the principles of natural justice, as it bypassed the appropriate authority. Conclusion: The Supreme Court upheld the High Court's decision to quash the dismissal of Bagchi, finding that the extension of his service under Rule 75(a) was illegal and that the enquiry conducted by the government contravened Article 235 of the Constitution. The court affirmed that the High Court has exclusive control over disciplinary matters concerning district judges and judges subordinate to them, ensuring the independence of the judiciary. The appeal by the State of West Bengal was dismissed, and no costs were awarded.
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