ANAND PRAKASH SAXENA Vs. UNION OF INDIA & ORS.
HIGH COURT OF CALCUTTA
ANAND PRAKASH SAXENA
Union of India And Ors.
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P.C. Borooah, J. -
(1.) The petitioner Anand Prakash Saxena who at the relevant time was the Deputy Director (Chemical) of the Export Inspection Council, Calcutta, has in this application under Article 226 of the Constitution impugned the validity of an order dated July 22, 1980 passed by Sri. D.C. Majumdar, Director (Inspection and Quality Control) and Ex-officio Member-Secretary of the Export Inspection Council, Ministry of Commerce, Government of India imposing upon him a penalty of removal from service from the office of Deputy Director with immediate effect in exercise of the powers conferred upon him under Rule 9(2) of the Export Inspection Agency Employees (Classification, Control and Appeal) Rules, 1978. A copy of this order is annexure D to the petition.
(2.) Against this order the petitioner preferred an appeal and Sri V. Vaidyanathan, Joint Director (Vigilance) of the Export Inspection Council of India by a letter dated November 21, 1981 communicated to the petitioner that the Commerce Secretary & Chairman of the said Council on careful consideration of the appeal rejected the same. A copy of this letter, which is annexure 'J' to the petition, is also under challenge in this proceeding.
(3.) Mosul State Company of Mosul, Iraq floated a tender enquiry for the purchase of 200 metric tonnes of aluminium sulphate with specification of it being technically pure and free from iron granules suitable for water works. The composition of the aluminium sulphate was laid down in the tender as follows :
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