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TMI Blog1971 (2) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... ntirely on the interpretation of two expressions "found" and "giving rise to presumption" in the charge-sheet The charge-sheet reads as follows:-- "That Sri Biswanath Mukherjee, who had been functioning as Preventive Officer, Grade I, during the period between 20-12-58 and 31-12-59, was found on 1-1-60 to be in possession of assets which are disproportionate to his known sources of income to the extent of about ₹ 61,000/- giving rise to the presumption that the aforesaid Sri Biswanath Mukherjee acquired the said disproportionate assets by obtaining pecuniary advantage to himself by corrupt and illegal means and thereby he had failed to maintain absolute integrity and devotion to the duly as a public servant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al proceedings. This principle is well known. It should be fairly and reasonably interpreted in a common sense way to see that there is a plain statement of the thing complained of as wrong so that the party complained against may be put on his defence to meet the allegation. In Federal Trade Commission v. Gratz, (1919) 253 U.S. 421, a learned Judge of the American Supreme Court observed:-- "It does not purport to set out the elements of a crime like an indictment of information nor the elements of a cause of action like a declaration of law or a bill in equity. All that is requisite in a complaint for commission is that there be a plain statement of the thing claimed to be wrong so that the respondent may be put upon his defence.&q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hould be read in the context. 6. Besides, if principles of natural Justice are said to be violated by the use of the two expressions abovenamed, then there are also the other questions of principles of natural justice on which the learned Judge has not come to a finding namely, (1) no evidence, and (2) documents considered by the Enquiring Officer behind the back of the petitioner. It is difficult therefore to judge piecemeal even this question of the principles of natural justice in the present context of facts. One of the four points noticed above includes the question of benami. 7. Now the question of benami does not appear to us to vitiate the proceedings because the whole point was whether the petitioner was in possession of assets d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Constitution has its own rules and procedures and no doubt it may be arguable that Civil Procedure Code as such may not be wholly applicable without any limitations or qualifications. We support the jurisdiction to order a remand in such cases first by reference to Rule 43 of the Rules of the High Court at Calcutta relating to applications under Article 226 of the Constitution which provides as follows:-- "Appeals from final orders in this jurisdiction shall be made in the same manner as appeals from original orders in the Original Side and appeals from orders in the Appellate Side according as they arise out of Original Side and Appellate Side applications and all rules applicable thereto in the rules of the Original and Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dure Code. Again in Gulabchand Chotalal Parikh v. State of Gujarat, AIR 1905 SC 1153, Section 11 of the Civil Procedure Code was applied. We shall conclude our citation of the authorities of this point by making a reference to the decision in Narayan Row v. Iswar Lal, where the Supreme Court observed at p. 1823 as follows:-- "On a careful review of the provision of the Constitution we are of the opinion that there is no ground for restricting the expression 'civil proceeding' only to those proceedings which arise out of civil suits or proceedings which are tried as civil suits, nor is there any rational basis for excluding from its purview proceedings instituted and tried in the High Court in exercise of its jurisdiction unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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