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1954 Supreme(Cal) 89

SINHA
PROBODH CHANDRA GHOSE – Appellant
Versus
EXECUTIVE ENGINEER, CANALS DIVISION – Respondent


Advocates Appeared:
ANIL KUMAR DAS GUPTA, JAGNESHWAR MAJUNDAR, MIHIR KUMAR SARKAR

SINHA, J.

( 1 ) THE facts of this case are shortly as follows. In March, 1923 the petitioner was' appointed a Ticket-Checker in Calcutta Canals Sub-Division under the Executive Engineer, Canals Division, Irrigation Department of the Government of Bengal. At the material time he had been promoted to the post of a Sub-Divisional Clerk. In July, 1949, the petitioner was suspended and his case was referred to the anti-corruption department. We do not know what happened in the anti-corruption department, but it appears that on or about 3-7-1951 the petitioner was served with a charge-sheet and departmental proceedings commenced. It is disputed as to whether the petitioner received the Original Charge-sheet, but admittedly he received a copy, in terms of annexure 'c' to the petition. The charge-sheet sets out a number of charges, one being that there was issue of false tickets issued to launches plying in the canals, another was misappropriation of toll charges. The charge-sheet concluded as follows: "in view of the facts and evidence collected it appears that Sri Probodh Chandra Ghosh Dastidar is liable to be charged for defalcation of Government money and abetment of offence. " The pe




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