Judgement

JAGANNADHADAS, J. : This is an appeal by leave of the High Court of Calcutta under Art. 132(1) of the Constitution. The appellant before us was the Registrar and Accountant-General of the High Court at Calcutta on its Original Side. He was appointed to the post by the Chief Justice of the High Court on 4-3-1948 and confirmed therein on 15-11-1948. He was dismissed thereform with effect from 1-9-1951 by an order of the Chief Justice dated 3-9-1951.

There were various charges against him and Mr. Justice Das Gupta was deputed by order of the Chief Justice dated 28-5-1951, to make an enquiry and submit a report. Das Gupta J. made a full enquiry and submitted his report on 11-8-1951, in which he exonerated the appellant in respect of some of the charges but found him guilty in respect of the other charges. The learned Judges expressed his conclusion as follows :

"Mr. Bose (the appellant) must be held to be guilty of misconduct and dishonest conduct and (that) he is unfit to hold the office of Registrar of the Original Side of this Court".

The Chief Justice issued to the appellant a notice on 16-8-1951, intimating that he agreed with the report after careful consideration thereof a