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1971 Supreme(Cal) 57

P.B.MUKHARJI, B.C.MITRA
COLLECTOR OF CUSTOMS, CALCUTTA – Appellant
Versus
BISWANATH MUKHERJEE – Respondent


Advocates Appeared:
A.K.BANERJEE, A.MITTER, G.P.KAR, S.N.CHATTERJEE

P. B. MUKHARJI, C. J.

( 1 ) THIS is an appeal from an order passed by T. K. Basil J. , in an application under Article 226 of the Constitution.

( 2 ) THIS was an application by Biswanath Mukherjee challenging the order dated February 6, 1968 passed by the Collector of Customs, Calcutta whereby the petitioner was removed from service. The only point on which the learned judge decided the whole application was whether the charge-sheet was defective or not, leaving the other points undecided. The decision appealed from was based entirely on the interpretation of two expressions "found" and "giving rise to presumption" in the charge-sheet The charge-sheet reads as follows:--"that Sri Biswanath Mukherjee, who had been functioning as Preventive Officer, Grade I, during the period between 20-12-58 and 31-12-59, was found on 1-1-60 to be in possession of assets which are disproportionate to his known sources of income to the extent of about Rs. 61,000/- giving rise to the presumption that the aforesaid Sri Biswanath Mukherjee acquired the said disproportionate assets by obtaining pecuniary advantage to himself by corrupt and illegal means and thereby he had failed to maintain absolute in











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