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1988 Supreme(Cal) 428

MAHITOSH MAJUMDAR
Binayak Datta – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Mr. Molay Chakraborty for the Petitioner
Mr. D.P. Majumdar for the Respondents

JUDGMENT

1. The petitioner challenged the charge-sheet dated April 9, 1988 issued by the Secretary to the Govt. of West Bengal Land and Land Reforms Department, the enquiry proceedings and the findings of the Deputy Commissioner for Departmental Enquiries, Vigilance Commission, West Bengal, as Inquiring Authority dated 13.7.82 and the Second Show Cause Notice dated February 24, 1983 and the findings of the Disciplinary Authority. The subject matter of challenge is the determination of the proceeding under Section 4 of Section 2 of the West Bengal Restoration of Alienated Land Act, 1973. The order is contained in Annexure 'A' to the Writ Application. The writ petitioner was served with the charge-sheet as indicated in Articles of Charge I, II and III which are quoted below :-

Article of Charge I

"It appears that Sri Binayak Datta while functioning as Kanungo I at Satpala Halka Camp from March 6, 1976 to November 15, 1976 acted as Special Officers as defined under Clause (4) of Section 2 of the West Bengal Restoration of Alienated Land Act, 1973 and had, as it appears while passing the order on October 27, 1976 in favour of Sri Banshidhar Mondal son of Late Gobinda Chandra Mondal of















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