LAWS(GAU)-1978-9-2

SUKHAMAY SEN GUPTA Vs. STATE OF TRIPURA

Decided On September 12, 1978
Sukhamay Sen Gupta Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India the petitioner has challenged the legality and validity of the Government Notification marked 'Annexure-A-1' issued by the Government of Tripura in exercise of its powers under Section 3 of the Commissions of Inquiry Act, 1952 (which will hereinafter for the sake of shortness be referred to as 'the Act') and published in Tripura Gazette Extraordinary Issue dated Feb. 23, 1978.

(2.) THE case came up for admission today but the Advocate-General for the Government of Tripura has put in appearance to oppose the admission of the rule. Consequently we have heard the learned counsel for the petitioner as well as the learned Advocate-General.

(3.) IN AIR 1969 SC 258 (Krishna Ballabh Sahay v. Commission of Inquiry their Lordships were pleased to observe (at p. 262) :-