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1993 Supreme(Cal) 81

A.K.SENGUPTA
ACCOUNTINGAND SECRETARIAL SERVICES PVT. LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
P.K.ROY, SAMARJIT GUPTA, SITES SINHA

AJIT KUMAR SENGUPTA, J.


( 1 ) THE petitioner, in this application under Art. 226 of the Constitution of India, has challenged the ex parte order passed by the Estate Officer, United Commercial Bank, dated 25th Nov. 1981 directing the petitioner to vacate the premises No. 1 B Russel Street, Calcutta, by 31/12/1982. The said order is passed in exercise of powers under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Apart from challenging the order passed by the said Estate Officer, the applicant goes a step further by impugning the very appointment of respondent No. 3, viz. Shri V. Ramachandran, as the Estate Officer on the ground that the said office in the first instance requires the incumbent to be a man experienced and trained to exercise judicial powers and secondly to be a man independent and impartial not having interest directly or indirectly in the matter to be adjudicated upon, free from bias and partiality. In that connection, the vires of Section 3 of the said Act of 1971 is also in challenge as it confers on the Central Government unguided powers to appoint as the Estate Officer anybody irrespective of qualifications, experience and personal backgroun





































































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