(1.) It has become a long and tall story in giving the reasons in support of our conclusion as the material is too copious even excluding the murky, small and unimportant little things. They should not be also told in judicial haste and it took little time for having difficulty in discussion between us because of the break up of the Bench, the intervention of the vacation and as many other matters were being assigned to us for early decision meantime.
(2.) Sri Sunil Kumar Banerjee, a member of the Indian Administrative Service (hereinafter referred to as Sri Banerjee), who stood on the uppermost echelon of the administration and on whose horizon clouds were seen and who is facing serious charges, is the Appellant in this appeal. His wife Sm. Sumita Banerjee (hereinafter referred to as Sm. Banerjee) is an M.A. of the University of Calcutta. She was Hony. Special Officer in the Civil Defence Organisation of the Government. She started a poultry farm which began on a promising note but ultimately ran into a crisis for her husband, as would be seen later. The appeal is directed against a judgment delivered by our learned brother Sabyasachi Mukharji J. dismissing the application of the Appellant under Art. 226 of the Constitution of India (hereinafter referred to as the petition).
(3.) Sri Banerjee was holding the post of the Commissioner for Agriculture and Community Development in officiating capacity. His substantive post and rank was that of a Secretary under the Government of West Bengal. In Dec. 1942 he was granted King's Commission in the Indian Army during World War II. In 1946 he attained the rank of a Major. In April 1948 he joined the Indian Administrative Service. In 1950 he was the Sub-Divisional Officer, Barrack pore. In 1960 he was promoted from Joint Secretary, Labour Department, to Transport Commissioner & Ex-Officio Secretary, Home (Transport) Department. In 1962 he was appointed Development Commissioner for West Bengal and was placed in ex-officio charge of several departments, viz. Secretary, Development (Tourism); Secretary, Housing Department; Secretary, P.W.D.; Secretary, Home (Publicity) Department; and Director of Tourism.
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