A K BANERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition is filed under Article 226 of the Constitution challenging the order dated 23.3.2006 (Annexure P/3), whereby a punishment of 'censure' has been imposed on the petitioner.

(2.) A preliminary objection is taken by the other side about entertainability of this petition. In para 3 of the return, a specific pleading is taken that the respondents are neither instrumentality nor "State" within the meaning of Article 12 of the Constitution. Various High Courts have dismissed petitions against the respondent IFFCO.

(3.) SINCE objection goes to the root of the matter, parties were heard on this objection.