LAWS(CAL)-1999-10-57

STATE OF WEST BENGAL Vs. ARUN KUMAR SEN

Decided On October 05, 1999
STATE OF WEST BENGAL Appellant
V/S
ARUN KUMAR SEN Respondents

JUDGEMENT

(1.) The respondent was appointed as Official Receiver and Official Assignee on 5th April 1976. In his capacity of Official Receiver, the respondent was appointed receiver over various properties which were under litigation. Several complaints were made against the respondent alleging irregularity and wrongful dealing with funds in the respondent's hands. The matter was placed before the Full Court. The Chief Justice appointed a Special Committee to look into the allegations. The Special Committee submitted a report before the Full Court which was accepted by Resolution dated 23rd Feb., 1998. The relevant extract of the resolution reads:

(2.) Pursuant to the resolution, on 31st May 1998 the Registrar (Original Side) of this Court wrote to the Secretary, Judicial Department, Government of West Bengal drawing the aforesaid facts to the notice of State Government and further stating as follows :

(3.) On 17th Nov. 1988 an order of suspension was issued by the Judicial Department, Government of West Bengal in contemplation of disciplinary proceedings. The suspension order was stayed on 21st Nov. 1988 with leave granted to the respondent to take out a formal application by 28th Nov. 1988. The respondent made a formal application (Matter No. 4561 of 1998) and the stay granted on 21st Nov., 1988 was continued.