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1954 Supreme(Cal) 59

SINHA
NAGENDRA KUMAR ROY, ASSISTANT EXECUTIVE ENGINEER – Appellant
Versus
COMMRS. FOR THE PORT OF CALCUTTA – Respondent


Advocates Appeared:
AMARESH CH.ROY, Bijan Bihari Mitra, H.N.SANYAL, Hemesh Chandra Sen

SINHA, J.

( 1 ) THE facts in this case are shortly as follows: the Commissioners for the Port of Calcutta is a body corporate, created by the Calcutta Port Act (B. A. No. 3 of 1890 ). The petitioner was appointed in 1937, as an Assistant Executive Engineer. To be accurate, he commenced in an officiating post and was confirmed therein sometimes in August 1951, Certain allegations of corruption having been made against the petitioner, Mr. Malkani, the Deputy Chief Engineer, held a preliminary enquiry. On 24-11-1951, the Chairman directed that the charges should be formally enquired into by a Committee composed of Mr. Madan the Chief Engineer, Mr. Iyer the Deputy Chief Accountant and Mr. Bose the Executive Engineer. This Committee held a preliminary enquiry and made a report to the Chairman. On 29-12-1951, the petitioner received a letter from the Chief Engineer (annexure 2 of the petition) which commenced as follows:"dear Sir, In accordance with letter No. 2883/334 Genl. dated 24-11-1951 from the Secretary, copy enclosed for your information, a Committee composed of Sri N. R. Iyer, Deputy Chief Accountant, Sri H. C. Bose, Executive Engineer, South and the undersigned was set up to e
















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