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1961 Supreme(Cal) 150

P.C.MALLICK
JYOTIRMOYEE SHARMA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ARUN KUMAR MUKHERJI, B.N.SEN, G.P.KAR, HANSA KUMARI DEB BARMAN, S.RAY

P. C. MALLICK, J.

( 1 ) THIS is a suit by a Government employee for a declaration that the order terminating her service is wrongful, illegal and void and that she is still entitled to the office. There is an alternative case made for damages for wrongful dismissal.

( 2 ) THE plaintiff is an M. A. and Ph. D. of the Chicago University in Sociology. Her case is that she; was offered a permanent post of Anthropologist by the Government in the Department of Anthropology in the Indian Museum on June 7, 1949 which offer she accepted. Prior to this appointment she was working in the same department as a temporary Anthropologist which office she relinquished before accepting the new appointment. In the new post she was to be on probation for 2 years.

( 3 ) THE plaintiff's service was terminated by a letter dated June 2, 1952 addressed to her by the Director Of Anthropology Sri. B. S. Guha. Prior to this she was charge-sheeted. She denied the charges and demanded a judicial enquiry.

( 4 ) THE order terminating her service is challenged on the ground that it is in contravention of the Constitution and of the Fundamental Rules. The order it is alleged is void, inoperative and of no effect












































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