( 1 ) THIS is an appeal against the judgment and order of A. K. Sen, J. dated 11. 9. 73 in C. R. 1900w/69 whereby the Rule obtained by the petitioner was made absolute.

( 2 ) THE facts according to the petitioner are as follows: the petitioner was appointed in 1949 as a lower division clerk in the office of Civil Surgeon (the said office since designated as Chief Medical Officer of Health) at Burdwan. In 1958 the petitioner was posted at Jalpaiguri when Dr. Banerjee opposite party No. 4 was also transferred there and his relation with the petitioner was strained and actually Dr. Banerjee put the petitioner under suspension. The petitioner was thereafter transferred to Karimpore Health Centre, Nadia and Dr. Banerjee also came there in September 1968. The petitioner made complaints against the Medical Officer in-charge, Dr. S. Saha, opposite party No. 6, which infuriated him and along with others he raided the house of the petitioner on May 22, 1968 and tried to assault him for which police diary was lodged and there were also other incidents. On September 19, 1968, the petitioner was placed under suspension and was charge-sheeted on allegations of the opposite parties Nos. 4 and 6.

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