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1994 Supreme(Cal) 182

GITESH RANJAN BHATTACHARJEE
BANKIM CHANDRA DAS – Appellant
Versus
CHAIRMAN, CALCUTTA PORT TRUST AND OILS – Respondent


Advocates Appeared:
H.P.Kar, Kaberi Ghosh, R.Ghosh

G. R. HATTACHARJEE, J.

( 1 ) THIS writ petition is directed against a departmental enquiry proceeding conducted against the petitioner and the show cause notice issued to the petitioner for removal from service. The petitioner was appointed as a driver under the Calcutta Port Trust sometime in the year 1964. On 29th November, 1979 while the petitioner was functioning as H. T. Driver in a particular C. P. T. Lorry he was apprehended by the C. I. S. F. Personnel at about 2 p. m. at 27, K. P. D. on the charge of taking one coil of stainless steel strip, imported cargo of M. V. Jalaplaka in the said lorry. A criminal case was also started against the petitioner. The petitioner was also placed under 'deemed suspension' with effect from 29-11-79. By the order dated the 3rd April, 1980 the petitioner was however discharged from bail bond in that case by the learned S. D. J. M. , Alipore, vide Annexure-A to the writ petition. It is obvious that the discharge was not on merit and it was only a discharge from bail bond. Subsequently, a departmental enquiry being proceeding No. Dis/10/81 was started against the petitioner in respect of the same matter. It may be mentioned here that another d




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