COLLECTOR OF CUSTOMS CALCUTTA Vs. BISWANATH MUKHERJEE

JUDGEMENT

(1.) This is an appeal from an order passed by T.K. Basil J., in an application under Article 226 of the Constitution.

(2.) This was an application by Biswanath Mukherjee challenging the order dated February 6, 1968 passed by the Collector of Customs, Calcutta whereby the petitioner was removed from service. 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. The decision appealed from was based entirely on the interpretation of two expressions "found" and "giving rise to presumption" in the charge-sheet The charge-sheet reads as follows:--

(3.) The learned Judge expressly mentions four other points which were argued before him but on which he expressed no opinion. These are: