- (1.) THIS appeal is directed against the judgment and decree passed by Shree S. R. Roy, Judge, Bench 12, City Civil Court, Calcutta, dismissing the suit filed by Shri Stein Bose against Ananda Bazar Patrika (p) Ltd. and others for declarations and permanent injunction.
(2.) THE facts of the case relevant for our purpose may, in brief, be stated as follows : "the plaintiff had been working for gain as Proof Reader in the Department of Hindustan Standard under defendant No. 1, having been appointed as such on or about 3rd May, 1 966. . The plaintiff was guided by the certified Standing Orders of the defendant no. 1 and the rules framed under the Central Act 45 of 1956. He was duly confirmed in the regular scale of payment for working Journalists, Group IV of "a" Class Newspapers under the said Act. "
(3.) ON or about 28th August, 1971, while going to his place of work the plaintiff was arrested by the police on suspicion. This was duly intimated by the plaintiff to the defendant nos. 1 and 2. Thereafter being released on bail on 8. 1. 1972 he got himself medically treated and after recovery reported for duty on 10th January, 1972. Thereafter, he had to apply for leave again due to ill health with effect from 1/2. 1. 1972 and after recovery from his illness he reported for duty on 213. 4. 72, but defendant nos. 1 and 2 wrongfully and illegally did not permit him to in. Thereafter, defendant no. 4 issued him a charge sheet dated 10th June, 1972 and he was asked to appear before defendant no. 4 on 14. 6. 1972 for showing cause why he should not be dismissed from service for his alleged unauthorized absence for the period from 28. 8. 1971 to 9. 1. 1972 and from 12. 1. 72 to 24. 5. 1972. In compliance thereof the plaintiff showed cause in writing on 14. 6. 1972.;