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1975 Supreme(Cal) 212

SANKAR PRASAD MITRA, S.K.DUTTA
INSPECTING ASST. COMMISSIONER OF INCOME TAX – Appellant
Versus
SOMENDRA KUMAR GUPTA – Respondent


Advocates Appeared:
A.K.SEN GUPTA, D.K.SEN GUPTA, K.B.ROY, RAMENDRA NATH BANDYAPADHYAY

SANKAR PRASAD MITRA, S. K. DUTTA

( 1 ) THIS is an appeal against the judgment and order of Sabyasachi Mukherjee, J. dated December 3, 1970 whereby the rule obtained by the petitioner on his application under Article 226 (1) of the Constitution was made absolute. The petitioner according to his case has been a Lower Division Clerk in the Income Tax Office District I (I) as a permanent employee without any blemish in his service career. By an order dated May 21, 1966, passed by the Inspecting Assistant Commissioner of Income Tax Range XIII, Calcutta, the appellant No. 1 before us, the petitioner respondent was placed under suspension as a disciplinary proceeding against him was contemplated and he was further directed not to leave the head quarters without obtaining previous permission of the appellant. The petitioner, thereafter was served with a memorandum dated July 25, 1966, issued by the said appellant proposing to hold an inquiry against him under RULE. 14 of the Central Civil Services (Classification, Control and Appeal) Rules 1965 (herein after referred to as the Appeal Rules) on several articles of charge and along with the same, alleged imputations of misconduct or misbehav











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