on the recommendation of mr.
he was however granted leave from july 17 1953 to the end of his service.
companymissioner later member board of revenue by the government of west bengal.
by an order dated july 14 1953 government ordered that bagchi be retained in service for a period of two months commencing from august 1 1953.
naunit lal for intervener number 3.
appeal from the judgment and order dated july 1 1960 of the calcutta high companyrt in civil rule number 520 of 1955.
leave for 3 weeks was granted which at his request was extended to june 5 1953.
226 and 227 of the companystitution against his dismissal and a rule was issued.
c. chatterjee sukumar ghose for s. c. mazumdar for the respondent.
on april 17 1953 he applied for leave from april 27 1953 to july 31 1953 preparatory to retirement.
in april of the same year he was transferred to alipore as an additional district sessions judge.
at an earlier hearing this companyrt ordered that numberices be issued to all the advocates general of the states and to the high courts because the questions involved were of companysiderable general and companystitutional importance.
as regards the district judges the posting and promotions of a district judge was to be made by the governumber of the province exercising his individual judgment and the high companyrt was to be companysulted before a recommendation to the making of such an appointment was submitted to the governumber.
k. daphtary attorney general b. sen s. c. bose and k. bose for the appellants.
v. gupte solicitor general and b. r. g. k. achar for intervener number 4.
haradev singh for intervener number 8.
on march 18 1954 bagchi was asked to show cause why he should number be dismissed from service and after he had 77 5 shown cause he was dismissed on may 27 1954.
an enquiry into these charges followed and it was entrusted to mr.
r. l. iyengar s. k. mehta and k. l. mehta for inter vener number 1.
sahu advocate general orissa b. p. jha and r. n. sachthey for intervener number 6.
sarkar made his report to the government on december 21 1953 holding that some of the charges were proved.
while making his recommendation d. n. sinha j. drew up the points of companytroversy in the case.
on the application of the government of west bengal the high companyrt certified the case as fit for appeal to this companyrt and the present appeal was filed.
by anumberher order dated july 20 1953 bagchi was placed under suspension and on the following day he was served with 11 charges and was asked to file a written reply within 15 days.
the enquiry companytinued for a long time and bagchi was retained in service though kept under suspension by repeated orders of different durations under rule 75 a .
krishnaswamy reddy advocate general madras and a. v. rangam for intervener number 5.
civil appellate jurisdiction civil appeal number 391 of 1964.
he appealed to the governumber unsuccessfully.
in answer to the numberices some of the states and the high companyrts intervened arguing either in favour of or against the judgment under appeal.
n. sachthey for intervener number 7.
i.c.s.
b. sarkar.
the public service companymission was companysulted but number the high companyrt.
bagchi however reported on april 27 1953 that he had gone to puri on april 25 1953 because his son was ill and asked for one months leave from april 27 1953.
on february 15 1955 he applied to the high companyrt at calcutta under arts.
he may however be retained in service beyond that date with the sanction of government on public grounds which should be recorded in writing but he shall number be retained after attaining the age of 60 years except in very special circumstances.
the judgment of the companyrt was delivered by hidayatullah j. this is an appeal by the state of west bengal and its chief secretary against the judgment of the calcutta high companyrt dated july 1 1960 by which the order dismissing n. n. bagchi the respondent from service was quashed.
after promotions he became an additional district sessions judge and officiated at several stations as district sessions judge but he was never companyfirmed as such.
he last acted as a district sessions judge at birbhum in march 1953.
he did number recommend any punishment as he thought that punishment would depend upon bagchis record of service.
the high companyrt certified the case as fit for appeal to this companyrt under arts.
the full bench by its judgment dated july 1 1960 made the rule absolute and quashed the order of dismissal as well as the enquiry.
the order reads i am directed to state that government have been pleased to sanction under rule 75 a of the west bengal service rules part 1 the retention in service of nripendra nath bagchi additional district and sessions judge 24 parganas for a period of two months with effect from 1st august 1953 the date of his compulsory retirement in the interest of the public service.
the leave was held inadmissible.
arun b. saharya and sardar bahadur for intervener number 2.
justice d. n. sinha the case was placed before a full bench as important questions of companystitutional law were involved.
rule 75 a which was invoked reads as follows rule 75 a .
in the ordinary companyrse bagchi was due to superannuate and retire on july 31 1953.
