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1953 Supreme(Cal) 4

BOSE
SUBODH RANJAN – Appellant
Versus
MAJOR N. A. Ocallaghan – Respondent


Advocates Appeared:
B.C.Dutt, G.P.KAR

BOSE, J.

( 1 ) THIS is an application under Article 226 of the Constitution for an appropriate writ for cancellation of certain orders passed against the petitioner in March 1951 and on 25-4-1952 imposing certain punishments for misconduct in the discharge of his duties as an Overseer in the Military Engineering Service and also for quashing of an order D/- 10-4-1952 by which the petitioner was discharged from service with effect from 10-7-1952.

( 2 ) THE petitioner's case is that he was appointed as Overseer in the Military Engineering Service in 1940 under the Government of India. In 1942 he was promoted to the post of Sub-Divisional Officer which was re-designated as Superintendent, Grade I, with effect from January 1947. On 16-6-1949 a departmental enquiry was started against the petitioner on a charge of throwing away certain stores which were the property of Fort William. As a result, of the enquiry a warning order was made against the petitioner in or about March 1951. As the authorities were not satisfied with merely passing a warning order against the petitioner, a charge-sheet was given to the petitioner on or about 28-2-1952, and it appears that the petitioner was held







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