Basak. J.

This appeal arises out of a judgment and order passed by a learned Single Judge of this Court allowing the writ application of the writ petitioner (the respondent in the appeal) made under Article 226 of the Constitution of India and making the Rule absolute. By the said writ petition the petitioner prayed for setting aside the entire disciplinary proceedings against him including the charge sheet dated 12th May, 1987, the report of the Enquiring Officer, the Memorandum dated 24th of August and 14th of September, 1979 and the impugned order of removal from service dated 19th July, 1980.

FACTS-

2. The facts of this case are as follows. At the relevant time the petitioner was holding the post of Assistant Director (Jute Scheme), Export Inspection Agency, Jute Scheme in the Cal. Office. Export Inspection Council of India (hereinafter referred to as Council) the officers of which are the respondents in the writ petition and the appellants before us. On 15th of October, 1970 the petitioner was appointed to the post of Junior Technical Officer in the Export Inspection Agency Calcutta (Jute Scheme). On 1st of November, 1974 the petitioner was promoted to the post of Assistant Director. In September, 1975 the petitioner visited Jammu and Kashmir along with the members of his family and other colleagues on obtaining Leave Travel Concession (hereinafter referred to as LTC). Apart from the petitioner, another Assistant Director, namely, Sri A. Dastidar of this office and one office Assistant namely, Samar Dey of the Calcutta Office also visited Kashmir. This was done under a package tour organised by one Maharaja Travels. In this connection the petitioner submitted a tour programme stating that on 1st of October, 1975 he along with the members of his family would be travelling to Kashmir and back. Under the heading "Means and Class" it was specified "Trains 1st Class". This was submitted to appropriate authority for approval requesting grant of necessary advances under L.T.C. This was sanctioned and he received a sum of Rs. 1,540/-. On completion of his said journey, the petitioner submitted a Tour Diary in the prescribed form. In the said Tour Diary under the column Means and Class the petitioner declared that he and the members of his family had travelled in "Jammu Exp. 1st" and "Jammu & Sealdah Ex. 1st". It was also stated therein by the petitioner that be travelled under the package tour conducted by Maharaja Travels. In support of the same money receipt for Rs. 2,495/-, certificate dated 14th of November, 1975 granted by Maharaja Travels, the L.T.C. Certificate and the application for claiming reimbursement were enclosed. By an office Note dated 25th of November, 1975 the Controlling Officer sanctioned the claim of the petitioner. It is the case of the petitioner that such sanction was made after the Accounts Department had checked up from the organisations like D.G.C.I. and Indian Jute Industries Research Association (hereinafter referred to as IJIRA) that such package tours conducted by Travel Agencies were being entertained and the receipt issued by the Travel Agents were taken as admissible and that the L.T.C. claims were settled on that basis. By a memorandum dated 23rd of April, 1976 the petitioner was directed by the Addl. Director (T) of the Council to meet one Shri N.K. Mukherjee, an officer of the Central Bureau of Investigation, Special Police Establishment Division (hereinafter referred to as C.B.I.) on 6th of May, 1976. By a confidential letter dated 31st of July, 1976 Shri S.K. Chakraborty Superintendent of Police of C.B.I., Calcutta, forwarded his report No. 62 dated 30th of July, 1976 against Shri Samar Dey to the Additional Director of the Council, Calcutta, stating that the said report would show that there was enough material for initiating regular departmental action for imposition of major penalty against Shri Dey. By a memorandum dated 5th of August, 1976 issued by Shri C.K. Mehrotra, Additional