Judgement

HIDAYATULLAH, J. : This is an appeal by the State of West Bengal and its Chief Secretary against the judgment of the Calcutta High Court, dated July 1, 1960 by which the order dismissing N. N. Bagchi (the respondent) from service was quashed. The High Court certified the case as fit for appeal to this Court under Arts. 132 (1) and 133 (1) (c) of the Constitution.

2. N. N. Bagchi was appointed a Munsif on November 10, 1927. After promotions he became an Additional District and Sessions Judge and officiated at several stations as District and Sessions Judge but he was never confirmed as such. He last acted as a District and Sessions Judge at Birbhum in March 1953. In April of the same year he was transferred to Alipore as an Additional District and Sessions Judge. In the ordinary course Bagchi was due to superannuate and retire on July 31, 1953. On April 17, 1953 he applied for leave from April 27, 1953 to July 31, 1953 preparatory to retirement. The leave was held inadmissible. He was, however, granted leave from July 17, 1953 to the end of his service. Bagchi however, reported on April 27, 1953 that he had gone to Puri on April 25, 1953 because his son was ill and asked fo