Dipak Kumar Sen, J. - (1.) -The facts in this appeal, inter alia, are that the respondent, Damodar Prosad Singh, was appointed as a Peon in the office of the Official Liquidator, High Court, Calcutta by an order dated 10th March, 1967 recording that he was being appointed as a company paid class IV staff with effect from the 14th March 1967 on a consolidated salary to be paid out of the funds of the companies in liquidation it was further recorded in the said order that the appointment was purely on a temporary basis and was liable to be terminated on one months notice without assigning any reason therefor. Pursuant to his appointment the respondent had worked as a Peon under the Official Liquidator till the 19th December 1980.
(2.) On 18th December 1980, a theft of some assets occurred at the factory of Britannia Engineering Co. Ltd. which was in liquidation. A first information report was filed by the Official Liquidator in the Hare Street Police Station alleging, inter alia, that the respondent along with others had been responsible for the theft.
(3.) On 19th December, 1980, when the theft was brought to the notice of the learned Judge presiding over the Company Court the following administrative directions were passed by the Court:- "The Official Liquidator is directed to discharge forthwith Sri D. P. Singh Record Arranger and Shri Ram Lakshman Gupta for dereliction of duties and culpable negligence which resulted in the theft of valuable assets...........";