SUNANDA SARMA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is a revisional application under Article 227 of the Constitution of India, in substance, for a direction on the learned District Judge at alipore, South 24 Parganas, to release the money lying deposited with him in connection with Original Suit No. 53 of 1944, in favour of the heirs and legal representatives of S. K. Ghosh, since deceased.

(2.) S. K. Ghosh, since deceased, was a member of the Indian Civil service. While he was posted as Chief Refugee Administrator of the burma Refugee Organisation, he was suspended for alleged embezzlement of the funds of the State in his official capacity and a-proceeding under the Criminal Law Amended Ordinance, 1944 was started, inter alia, on the allegation that his assets exceeded his income. All his assets were attached and a Receiver was appointed in respect of his properties.

(3.) ULTIMATELY, the matter went to the Supreme Court of India. The supreme Court of India, inter alia, directed that an amount of Rs. 30 lakh would be forfeited by the Union Government for committing offence as per the ordinance from the properties late S. K. Ghosh and a sum of Rs. 45 lakh would be realised by the State Government as fine from the properties of late S. K. Ghosh.