FORMAT

Dismissal from office – Format of the dismissal order

Sir Arthur Trevor Harries

Chief Justice

The Calcutta High Court

Order

A full and thorough enquiry was held by Mr. Justice K.C. Das Gupta into the charges made against Sri P.K. Bose the Registrar of the Original Side of this Court. Sri P.K. Bose was represented by eminent Counsel and every opportunity was given to him to meet the charges and put forward his explanation and defence. The learned Judge however in a full and very carefully considered report found Sri P.K. Bose guilty of serious charges involving moral turpitude and dishonesty and further he was of opinion that Sri P.K. Bose was by reason thereof unfit to hold the said office of Registrar.

I considered this report and the evidence most anxiously and found myself in entire agreement with the learned Judge. Sri P.K. Bose was, in my view, clearly guilty of the matter comprised in the charges specified by Mr. Justice K.C. Das Gupta. I considered that prima facie the conduct of Sri P.K. Bose warranted dismissal and I therefore gave him notice under article 311(2) of the Constitution of India to show cause against the action proposed against him, namely, dismissal.

On the 31st August, 1951, Sri P.K. Bose showed cause before me and I heard Sri Sachin Chaudhuri his counsel and Sri P.K. Bose personally. In all the circumstances this is not a case in which I can properly show any leniency. Sri P.K. Bose has abused the trust and confidence reposed in him and has been found guilty of serious malpractices and dishonesty. Conduct such as this of an officer of the status of the Registrar of the Original Side of this Court is unpardonable and must be dealt with severely. I therefore dismiss Sri P.K. Bose from his office as Registrar of the Original Side of the Court, the dismissal to take effect from the 1st September, 1951.

Let a copy of this order be served on Sri P.K. Bose.

 

Sir Arthur Trevor Harries(CJ)

Dated: 3rd September, 1951

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