( 1 ) THE questions of law involved in this writ application is of some public importance came up for consideration before this court under Article 226 of the Constitution arising out of the order dated 12th March, 1998, passed by the Central Administrative Tribunal, Calcutta Bench in O. A. No. 178 of 1998.

( 2 ) THE petitioner, who was at the relevant time and still is the Joint Director (East) of the Central Bureau of Investigation, Calcutta, was served with an article of charge sometime in February, 1998 for the purpose of holding a departmental enquiry, was as follows :"dr. U. N. Biswas, IPS, (WB : 68), while posted as Joint Director (East), CBI, Calcutta and during the course of supervision of AHD Cases of Bihar failed to maintain absolute devotion to duty and committed gross misconduct in as much as he acted irresponsibly and in excess of his authority in a manner unbecoming of a member of the All India Service in that : on 29/30. 7. 1997, he on his own and without prior approval and authorisation from the Director, CBI, and without justification and authority and in violation of the law for calling army help in aid of civil authority had initiated and pu