A.K. Banerjee, J. - (1.) Moot question involved in this appeal is whether Capexil (previously known as Chemical & Allied Products Export Promotion Council) is amenable to writ jurisdiction or not. Appellant filed a writ petition challenging the order of suspension as well as charge sheet issued by Capexil and for other reliefs. The learned Single Judge held that Capexil was not amenable to writ jurisdiction. Hence, this appeal.
(2.) Mr. Arunava Ghosh, learned counsel appearing for the appellant contended that the Capexil was an autonomous body set up with the patronage of Ministry of Commerce, Union of India for the purpose of promoting export of chemical and allied products abroad. He drew our attention to various documents pertaining to the formation of Capexil to show that there had been deep and pervasive control by the Central Government over Capexil. Moreover, Capexil was discharging public duty on behalf of the Union. Earlier this Court declared Engineering Export Promotion Council, a similarly constituted body by the Ministry of Commerce "State" within the meaning of Article 12 of the Constitution of India. He also drew our attention to various provisions of the service rules to show Government control over the service conditions of the employees of Capexil.
(3.) In support of his contention Mr. Ghosh cited the following decisions : (i) 2006, Volume IV, Calcutta High Court Notes, Page 741 (Indian Jute Industries Research Association & Ors. vs. Debabrata Sarkar & Ors.) (ii) 1989, Volume II. Supreme Court Cases, Page 691 (Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust & Ors. vs. V. R. Rudani & Ors.) (iii) 2003, Volume III, Calcutta High Court Notes, Page 430 and 466 (Jogesh Chandra Mondal vs. Union of India & Ors.) (iv) 2002, Volume V, Supreme Court Cases, Page 111 (Pradip Kumar Biswas vs. Indian Institute of Chemical Biology &, Ors.) (v) 2006, Volume XI, Supreme Court Cases, Page 634 (S. S. Rana vs. Cooperative Societies & Anr.) (vi) Unreported decision of this Court in the case of Engineering Export Promotion Council [W.P. No. 15835(W) of 2003] dated February 3, 2005.;