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1974 Supreme(Cal) 28

SANKAR PRASAD MITRA, SABYASACHI MUKHARJEE
NIRMAL KANTI KANJILAL – Appellant
Versus
SENIOR MANAGER – Respondent


Advocates Appeared:
AJOY KUMAR DAS, BALAI CHANDRA ROY, MAHITOSH MAJUMDAR, SOMNATH CHATTERJI

( 1 ) THE appellant was serving as a temporary M. V. Mechanic skilled in the post and Telegraph Motor Service, Calcutta. A police case was started against him. The senior Manager of the Motor Service placed him under suspension in the exercise of his powers under Rule 10 (1) of the Central Civil Service (Classification, Control and Appeal) Rules, 1965. On the 21st September 1970, the order of suspension was revoked and on that date the senior Manager in pursuance of the proviso to sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rues, 1965 terminated his services and directed that he would be paid the sum equivalent to the amount of pay and allowance for the period of one month in lieu of the period of notice. The appellant made representations against the order but did not succeed.

( 2 ) THE appellant obtained this Rule challenging his termination of service by the aforesaid order of the 21st September, 1970. The Rule ultimately came up for hearing before Mr. Justice Chittatosh Mokerjee. His Lordship by his judgment and order dated the 20th January, 1972, has discharged the Rule. This appeal is directed against the said judgment and order.

( 3 ) IT is com












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