1. THIS appeal is directed against the judgment and order of Dipak Kumar Sen, J. dated 31/1/1977 dismissing the appellant's suit filed against the respondents. A reference to the relevant facts of this case may be made.

2. ON, 8th April, 1948 the appellant, A. J. Vaswani (hereinafter referred to as 'vaswani'), who migrated from West Pakistan, was appointed 10 in the post of Preventive Officer, Grade I in the customs Department. Thereafter, in May 1961 the appellant was promoted to the post of Senior grade Preventive Officer in the Customs Department. At the material time, he was posted as) Senior Seizure Shed Officer at the Customs house, Calcutta.

On August 25, 1961 a passenger namely Mrs. S. B. Dadlani arrived at Dum Dum Airport with 2 (two) suit-cases which were detained at 0 the Airport. On 26th August, 1961 the said two suit-cases were brought in sealed conditions from dum Dum Airport to the Seizure Shed at Customs house, Calcutta. Vaswani made the inventory of the contents of the said two suit-cases and 25 made a valuation of the contents thereof. Thereafter, on 1st September, 1961 the passenger's representative B. S. Dadlani took delivery of the said two suit-cases from Vaswani after payment of duties levied on the goods so inventorised and adjudicated upon by the Assistant Collector for Adjudication.

3. IT has been said that on the same day that is to say 1st September, 1961 acting on the basis of information derived from an unnamed 35 informer, one S. N. Banerjee, Superintendent, preventive Service, Customs, stopped the Taxi which was hired by B. S. Dadlani and was about to move off, and three packages being box No. 1, Box No. III and Case No. 2 were seized 0 from the said Dadlani. Thereafter, inventory of the contents of the said three packages was made. On the same day the said B. S. Dadlani was arrested u/s. 173 of the Sea Customs Act on the ground that he was guilty of offences under Sea customs Act in respect of fraudulent evasion of duty payable on goods stored in the Warehouse.

4. ON 2/9/1961 Vaswani was suspended as disciplinary proceedings were contemplated against him.

On September 1. 5, 1961 B. S. Dadlani was sent to jail custody by the Chief Presidency Magistrate before whom he was produced by the customs Department. On the application made by the Customs Department before the Chief presidency Maginstrate on November 6, 1961 to the effect that there was no material sufficient for prosecution of the accused B. S. Dadlani, the chief Magistrate discharged the accused.

5. ON May 31,1962 a Charge-Sheet was issued against Vaswani alleging that he wilfully prepared an incorrect inventory in respect of the goods belonging to the said Mrs. S. B. Dadlani. It was further alleged that after B. S. Dadlani took delivery of two suit-cases from Vaswani he loaded the goods into a taxi brought by him and when the said taxi was about to move off it was stopped by S. N. Banerji, Superintendent Preventive service. Goods were taken out, re-checked and a fresh inventory was prepared and it was found that there were number of articles which were not included at all in the earlier inventory list prepared by Vaswani. It was also alleged that. Vaswani wilfully made an incorrect inventory to cause wrongful gain to the said B. S. Dadlani. On June 11, 1962 Vaswani submitted his Written statement denying the charges.

6. ON February 19,1963 M. M. Sethi, Assistant collector of Customs was appointed as Enquiry officer and on April 24, 1963 enquiry commenced. However, on May 10,1963 J. C. Saha, another assistant Collector of Customs, was appointed in place and stead of M. M. Sethi as the Enquiry officer. Vaswani made a complaint that as J. C. Saha was subordinate to S. K. Srivastava, the additional Collector of Customs and was junior to S. N. Banerjee the Superintendent, Preventive service (who was the de facto complainant) he had reasonable apprehension that he would not get justice from Saha. It was also stated that enquiry should