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1958 Supreme(Cal) 183

CHAKRABARTI, S.C.LAHIRI
BHARATENDRA NATH BHATTACHARYA – Appellant
Versus
COMMISSIONER OF INCOME-TAX, WEST BENGAL – Respondent


Advocates Appeared:
BALAI LAL PAL, Debi Pal

CHAKHAVARTTI, C. J.

( 1 ) THE appellant, Bharatendra Nath Bhattacharya, joined the Income-tax Department as an Inspector on 6-8-1949 and while working in that capacity, was appointed to officiate as a temporary Income-tax Officer, Class II Grade III "until further orders. " It appears that at the same time, several other persons were similarly appointed to officiate in posts of temporary Income-tax Officers of the Class and Grade concerned -- apparently posts newly created. The copy of the order of appointment forwarded to the appointees, including the appellant, contained the following warning:"if their output is not un to the required standard or if for any reason their work is found unsatisfactory, they are liable to be reverted. "

( 2 ) THE tenure of the appointment which the appellant got was thus a very precarious one. It was only to last until further orders and it was liable to be terminated, if he was not found fit to hold the post.

( 3 ) THE appellant failed to qualify for a favourable opinion of his superior Officers. A number of adverse remarks against him were entered in the Character Roll for the year 1951-1952. One of these remarks considered the appellant's equipm



















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