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1955 Supreme(Cal) 155

SINHA
ASHUTOSH DAS – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ARUN KISHORE DAS GUPTA, BINAYAK NATH BANERJEE, NIRMAL CHANDRA CHAKRABARTY, SMRITI KUMAR RAY CHOWDHURY

SINHA, J.

( 1 ) THE petitioner was appointed in 1945 as a Storeman in the office of the Regional Controller of Procurement. In April, 1951 he was promoted to the rank of a junior assessor and at the relevant date was posted as a junior assessor in charge of the main procurement godown at Bhatar, Burdwan, under the Government of West Bengal, Department of Food, Relief and Supply (Food Branch office of the A. R. C. P. Burdwan. On or about 15-6-1954, the petitioner was served with a charge sheet in which the charge was that he had issued W. Q. S. certificates for a certain amount or 'aman' paddy in favour of the Chief agent Messrs. Shaw Wallace and Company, as stocks purchased from Nasigram centre, although the stock was purchased from Bhatar. What happened was that some of the bags contained markings of Nasigram but the authorities considered that the original Bhatar marking's had been obliterated and the Nasigram markings Were illegally stencilled on the bags. The charge sheet accuses the petitioner of either actively conniving with the dealer or showing gross negligence. On or about 30-6-1954, the petitioner showed cause. On or about 1-7-1954 the petitioner was served with a notic






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