- (1.) The appellant, Sri Jatindra Nath Mukherjee, entered Government service on 1 November 1934 as an appraiser under the Collector of Customs, Calcutta. He was confirmed in that post in 1935 and continued to serve in it till 6 November 1942, when his services were lent to the Foreign Trade Control Department of the Import Trade Control Organization which was then located in the Customs House. His rise in the Borrowing Department appears to have been rapid. There he began as an Enquiry Officer, but in 1951, when the proceedings out of which the present appeal has arisen were commenced against him, he was occupying the office of a Controller of Exports.
(2.) Of the various posts held by the appellant from time to time during the intervening period, particular reference to only one, on which some argument turned, is necessary. He was appointed an. Executive Officer with effect from 1 December 1943 and by a subsequent notification he was declared to have been appointed to that post in substantive capacity with effect from the date of his original appointment.
(3.) In 1950, some information about the appellant appears to have reached the Special Police. He was interrogated by them on 14 June 1950, when he made a statement in answer to their questions. Subsequently, by an order of the President, dated 3 April 1951 he was placed on suspension with effect from the date of the order. Thereafter, by a letter dated 3 May 1951 apparently despatched on 11 May 1951, the Secretary to the Government of India in the Ministry of Commerce and Industry informed the appellant that under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules, the President had directed an enquiry to be held against him in respect of certain charges and one Sri L.K. Jha had been appointed Enquiry Officer. A copy of the charges was annexed to the letter and the appellant was asked to submit his explanation in writing to Sri L.K. Jha within a fortnight, to furnish a list of the witnesses he wished to call and the documents he wished to rely on, if he desired to lead evidence and also to say whether he wanted to be heard in person.;