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1958 Supreme(Cal) 254

S.P.MITRA
SATISH CHANDRA DAS GUPTA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Arun Sen, K.C.MUKHERJI

S. P. MITRA, J.

( 1 ) IN this suit the plaintiff asks for a declaration that his alleged dismissal was ultra vires, invalid, void, inoperative and of no effect and that he is still the librarian of the West Bengal Secretariat Library of the defendant or an employee of the defendant; re-instatement in office and cancellation of the order of dismissal dated 2-6-1949, payment of salary amounting to Rupees 9,580/15/2; further payments of salary and costs.

( 2 ) THE plaintiffs case is briefly as follows: on 30-4-1921 the plaintiff was appointed a clerk in the Local Self Government and Education Department of the Bengal Government. The appointment was made by the Secretary to the Local Self Government and Education Department. On 4-5-1924, the plaintiff was appointed Assistant Librarian of the Bengal Secretariat Library. The appointment was made by the Secretary to the Education, Department. On 1-4-1943, the plaintiff was appointed Librarian of the Bengal Secretariat Library. This appointment was also made by the Secretary to the Education Department. On 26-8-1948, a complaint was made against the plaintiff to the Anti-Corruption Department of the West Bengal Government whereupon the p































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