( 1 ) PARTHUL Chand Mahindar, the petitioner herein had been employed as a Harbour Master (River) in the Port of Calcutta till the 24th March 1973 when he retired on superannuation. At the material time, the Port of Calcutta was managed and was under the control of the Commissioners for the Port of Calcutta, a local authority incorporated under the Calcutta Port Act, 1908. The Calcutta Port Act, 1908 was replaced by the Major Port Trust Act, 1963 which was made applicable to the Port of Calcutta in 1974. Under the Act of 1963 the persons in the management of the Port of Calcutta are the trustees.

( 2 ) UNDER cover of a letter, dated the 27th July, 1976 a charge sheet contained in a memorandum, also dated the 23rd July, 1976 was served on the petitioner, stating that it was proposed to initiate disciplinary proceeding against the petitioner and the petitioner was charged with having committed gross misconduct during the year 1972-73 while functioning as Harbour Master (River) of the Calcutta Port by having failed to maintained absolute integrity and having acted in a manner unbecoming of an officer of the Port Commissioner as he had issued false certificates dated the