II 10 A I/ Con/60 and 0.
On March 30, 1961 he submitted his written statement of defence.
II 10 A/3/Con/61, dated 12 5 1961 and 22 8 61 respectively, the undersigned companysiders that another Inquiry Officer should be appointed to inquire afresh into the charge framed against Sarbasri R. Deb, Sub Inspector of Central Excise, Shillong Collectorate.
money of Rs.
I 00 to the appellant, through one Harendra Kumar Dutta, on May 31, 1959, but the appellant did number mention the realisation of this amount in his seizure report.
On June 4, 1962, he was dismissed from service and on June 14, 1962, he filed the, writ petition out of which this appeal arises.
But in view of the previous enquiry and statements given by witnesses, evading reply of Sri Dutta, the companyduct of Shri K. R. Deb, may number be above board.
Appeal by special leave from the judgment and order dated February 16, 1966 of the Judicial Commissioner Court, Tripura in Writ Petition No.
It is further alleged that one Siddique Ahmad handed over a sum of Rs.
Dutta, Jagabandhu Patwari, Syed, Ahmed and Siddique Ahmed during the companyrse of open enquiry.
S Shri Harendra Kr.
It appeared to the Inquiry Officer that Shri Dutta was number willing to attend the inquiry.
It was further companytended that the order dated February 13, 1962 was mala fide.
On May 30, 1959 he was alleged to have detained five maunds of onion from the house of one Sayed Ahmad at Ramendr anagar.
100 from Shri Siddique Ahmed on 31 5 1959 and number reporting the, matter in the seizure report or in his diary and thus misappropriated Govt.
The appellant applied for companyies of certain documents on December 28, 1960.
On March 6, 1962, Shri Patnaik reported that it was proved that Shri K. R. Deb did number bring into account the sum of Rs.
The allegations regarding this charge were supplied to the appellant.
612 of 1967.
The Collector, by his letter dated May 11, 1961, appointed Shri B. P. Barua, Examiner of Accounts, Central Excise and Land Customs, as Inquiry Officer Shri Barua held an inquiry and submitted a report, dated July 3, 1961, holding that the charge framed against the appellant was number proved.
226 of the Constitution filed by the appellant, K. R. Deb.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In his report he stated that Shri Harendra Kumar Datta did number appear in the Inquiry though he acknowledged the receipt of summons issued to him.
The Judgment of the Court was delivered by Sikri, C.J This is an appeal by special leave from the judgment of the Judicial Commissioner for Tripura and Agartala dismissing the petition under Art.
100 by Shri K. R. Deb, Sub Inspector.
P. Malhotra, Ram Panjwani and S. P. Nayar, for the res pondent.
12 of 1962.
100 by Sri K. R. Deb.
In his report dated October 12, 1961, the Inquiry Officer reported that there is numberhing on record to prove the alleged acceptance of Rs.
In this written statement the appellant denied the charge.
R. Ramamurthi and Vineet Kumar, for the appellant.
Now therefore the undersigned in exercise of the powers companyferred by rule 15 4 of the C.C.S. C.C.A. Rules 1957 hereby appoints Shri K. P. Patnaik, Examiner of Accounts, Customs and Central Excise, Shillong as an enquiry officer to inquire into the charges framed against the said Sarbasri R. Deb.
The relevant facts are these The appellant was appointed as a Sub Inspector of Central Excise in a temporary vacancy on September 20, 1958 and he reported for duty on October 15, 1958.
The reason for companyducting this inquiry is stated in order thus Shri B. P. Barua, Examiner of Accounts, Customs Central Excise, was previously appointed Inquiry Officer in this case, but he had number recorded an evidence of the prosecution witnesses viz.,
The following charge was framed against the appellant by Shri R. C. Mehra, Collector, Central Excise Land Customs, Shillong That Shri K. R. Deb.
Sub Inspector, was found guilty for companycealing the fact of realisation of Rs.
By order dated August 22, 1961, the Collector, Shri R. C. Mehra, appointed Shri R. K. P. Sinha, Superintendent, Central Excise Land Customs, as Inquiry Officer to companyduct a supplementary open inquiry in the disciplinary proceedings instituted ,against the appellant.
100 realised on May 31, 1959 from Siddique Ahmad of Ramendranagar.
He gave his explanation on, May 21, 1962 and asked for personal hearing.
On February 13, 1962 the Collector passed the following order In supersession of this office letter O. No.
