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1974 Supreme(Cal) 335

AMARENDRA NATH SEN, RABINDRA NATH PYNE
Collector of Customs, Calcutta – Appellant
Versus
Biswanath Mukherjee – Respondent


Advocates Appeared:
G. P. Kar and A. N. Banerjee, for the Appellants
Dipankar Gupta, Ajit Sen Gupta, Mahitosh Majumdar, Asok Ganguly and Samir Kumar Ghosh, for the Respondent

JUDGMENT

Pyne J. This appeal came up for final disposal before this Bench under circumstances which may be stated. Biswanath Mukherjee made an application under Article 226 of the Constitution, challenging the order dated February 6, 1968 passed by the Collector of Customs whereby Biswanath Mukherjee was removed from service. In his said application Biswanath Mukherjee impleaded (1) Collector of Customs, Calcutta. (2) M. L. Khunger, (3) Deputy Inspector General of Police, Central Bureau of Investigation, Special Police Establishment and (4) Union of India as party respondents. In this petition Biswanath Mukherjee took a number of grounds and a rule nisi was issued by Ghose J. The said application of Biswanath came up for final disposal before T. K Basu, J. who decided only one point and on that ground alone, the learned Judge made the Rule absolute. The only point on which the learned Judge decided the whole application was whether the charge sheet was defective or not, leaving the other points undecided. T. K. Basu, J. has recorded in his judgment delivered on the 13th April, 1970- "Although several grounds have been taken challenging the order and elaborate arguments were advanced











































































































































































































































































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