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1958 Supreme(Cal) 184

P.B.CHAKRAVARTTI, S.C.LAHIRI
NARESH CHANDRA GANGOPADHYAY – Appellant
Versus
DIRECTOR OF FISHERIES, GOVERNMENT OF WEST BENGAL – Respondent


Advocates Appeared:
ANIL KUMAR GUPTA, Joy Gopal Ghosh, NIHARENDU D.MAJUMDAR, SAUMENDRA NATH MUKHERJI, Somendra Chandra Basu

P. CHAKRAVARTTI, C. J.

( 1 ) ON 27-10-1944, the appellant, Naresh Chandra Gangopadhyay, was appointed a District Fishery Officer along with several other persons. He was put on probation for a period of two years and the order of appointment specifically provided that he would be confirmed in service "on the satisfactory completion of the period of probation and the passing of a departmental examination, which may be prescribed during the period. " No departmental examination was held during the probationary period, but the appellant was allowed to continue in service. An examination was held in 1951 and the appellant did appear in it, but was unable to pass. Up to the time when the proceedings out of which this appeal has arisen were commenced, he had not passed the departmental examination. We are informed that he passed it while he was under suspension.

( 2 ) ON 22-9-1951, the appellant was placed under suspension by an order passed on that date. Along with the order, a charge-sheet containing as many as five charges was served on him. Those charges related principally to alleged irregularities in monetary dealings and also failure to maintain proper accounts. The charge-sheet
















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