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2003 Supreme(Cal) 584

ARUN KUMAR MITRA
SUNITI BALA BAKSHI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
M.P.BANERJI, S.DAS GUPTA, S.K.DAS GUPTA, TARUN CHANDRA DUTTA

ARUN KUMAR MITRA, J.

( 1 ) THIS second appeal has been preferred challenging the judgment and decree passed by the learned Addl. District Judge, 7th Court at alipur in T. A. No. 157/83 affirming the judgment and decree passed, by Sri Tapas Kr. Ghosh, learned Munsif, 3rd Court at Alipur in t. S. No. 175/74.

( 2 ) THIS second appeal originates from a suit for declaration along with prayer for mandatory injunction for granting arrears of pay and for rendering accounts.

( 3 ) THE facts in brief as made out in the plaint is inter alia as follows: the predecessors-in-interest of the appellant Subodh Ch. Bakshi was an employee under South-Eastern Railway, the defendants herein. He was a clerk and he retired from service with effect from forenoon of 1/11/1962. After his retirement on 15/12/1962 the District Mechanical Engineer/south eastern Railway, Chakradharpur issued a service certificate and certified his service conduct as good during the period of his service from 8/03/1930 to 31/10/1962.

( 4 ) DURING the tenure of his service according to him he was suspended illegally in may 1950 allegedly for not applying for railway pass for proceeding on transfer and chargesheet was issued a













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