BIMAL DAS GUPTA Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) THE petitioner obtained this Rule calling upon the respondents to show cause why n writ in the nature of mandamus should not be issued directing the respondents to rescind and to for bear from giving effect to Memo. No. 521-479/59 Estt. dated November 3, 1960 and to extend the benefit of Memo. No. F/49/13/60 dated December 5, 1961 as mentioned in the petition by including the name of the petitioner. The petitioner also obtained Rule a5 to why a Writ in the nature of prohibition should not be issued commanding the respondents not to act arbitrarily and in abuse of power vested in them by adversely and prejudicially affecting the interest of the petitioner.

(2.) THE petitioner was working as a Preventing Officer Grade II. The petitioner was appointed as sub-inspector In the Central. Excise Department some time in the year 1950. The petitioner passed the departmental examination in the Central Excise Department and was promoted as Inspector in the said department with effect front February 11, 1956. Whilst working as Inspector in the Central Excise the petitioner was selected for an appointment in the Calcutta Customs House as a Preventive Officer Grade II on terms and conditions mentioned in the Memo dated February 28, 1957 being Annexure 'a' to the petition.

(3.) THE petitioner alleges that some time in the year 1959 the petitioner was asked to appear at a departmental examination for promotion. The petitioner made presentation against the same. The petitioner filed an appeal to the respondent, Collector of Customs for exempting the petitioner from appearing at the departmental examination.