Judgment

P. K. GOSWAMI, J.:- This appeal by special leave is directed against the judgment of the Division Bench of the High Court of Calcutta of December 13, 1973 reversing the judgment of the learned single Judge who had earlier found no infirmity in the impugned order of dismissal of the first respondent (hereinafter to be described as the respondent).

2. The respondent was a confirmed Appraiser with about eleven years service in the Customs Department in Class II of Gazetted Officers. On December 4, 1961, he was suspended and a charge-sheet was served upon him. The charges related to firstly taking illegal gratification, secondly possession of assets disproportionate to his disclosed income and thirdly purchase of a plot of land without sanction of the appropriate authority. The respondent was found guilty in the course of a departmental enquiry of the second and third charges and was exonerated with regard to the first charge. A second notice was served upon him on December 17, 1962, affording an opportunity to show cause why he should not be dismissed from service. Thereupon the respondent preferred an application under Article 226 of the Constitution in the High Court challen