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1978 Supreme(Cal) 482

AMIYA KUMAR MUKHERJI
S. C. Pal – Appellant
Versus
J. Sarma Sarkar – Respondent


Advocates:
Advocate Appeared:
R.C. Deb, N.N. Goswami, M.M. Mullick for petitioners;
N.N. Gooptu, P.K. Mondal, Somnath Chatterji, Nigam Chakravorty for respondents;
M.K. Basu for Union of India.

JUDGMENT

1. This Rule is directed against Order No.6 dated 21st of April, 1978 passed by Sri J. Sarma Sarkar, a member of a Commission of Inquiry constituted under S.3 of the Commissions of Inquiry Act, 1952.

2. The petitioner Nos.1 and 2 are Director and Deputy Director of Cholera Research Centre which is one of the centres under the Indian Council of Medical Research, New Delhi. The third petitioner is the Director General of the said Council and the fourth petitioner is the Health Secretary to the Government of India. Ministry of Health and ex officio Vice-President of the Council. The Government of West Bengal issued a notification dated 12th of August, 1977 appointing a Commission of Inquiry, consisting of Sri J. Sarma Sarkar, a retired Judge of the Calcutta High Court file relevant provisions of the said notification are set out hereinbelow ;

"Whereas there is a widespread demand from different sections of public for an inquiry into allegations of persistent 'misuse of authority of power during the period from the 20th March, 1970 to the 31st May, 1975 whereby the citizens in this State were deprived of their democratic rights;

And whereas the Governor is of opinion that it is ne






































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