CHANDRA NATH BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner moved this Court against the order of suspension dated 17th March, 1990 issued by the Inspector-General of police (HQ), West Bengal. The petitioner joined the West Bengal Police in 1961 as Sub-Inspector of Police and was posted at Jadavpur Police Station, then he was transferred to Behala Police Station and again to Jadavpur, police Station. He was the Officer-in-Charge of Dum Dum Airport immigration Check-Post and also Officer-in-Charge. of Traffic, Alipore, then he was transferred as Officer-in-Charge, Bizpur Police Station, and was again posted at the Intelligence Branch. In 1973 he was promoted to the post of Inspector and was posted as Circle inspector, Sadar, Midnapore, and then as Inspector, Railway Police, Kharagpur. Thereafter he became Senior Adjutant, Home Guard, Howrah, and then took over the charge of Howrah Police Station in 1992. For his good perform-cc in the service he was given Cash Reward of Rs. 100/-, Paper Reward 45 and good service remark 15. During the last 27 years of service no punishment was ever inflicted upon the petitioner nor any adverse remark was made against him in the Service Record.

(2.) On 10th Much, 1983 the Superintendent of Police transferred the petitioner from Bantra Police Station to C.I.D., West Bengal. This order was challenged by hi. in the High Court and Mr. Justice Mahitosh Majumdar granted an Interim Order for one week and thereafter the same was extended for six weeks and on the basis of the said writ petition i.e. C.O. No. 3082 (W) of 1988 the petitioner is still continuing as Inspector-in- Charge of Bantra Police Station.

(3.) The petitioner's case is that on 15th March, 1990 one Sanjoy Patra was murdered at Ichapur Ghatak Para under Das Nagar Investigating Centre in Jagachha Police Station. Two cases were recorded one by Howrah Police Station and another by Jagachha Police Station. The petitioner states that Officer-in-Charge of Das Nagar, Inspector-in-Charge S.I. Tapan Chakraborty and second S.I. Jayanta Chakraborty hurriedly removed the dead body of Sanjoy Patra to Howrah General Hospital Morgue. On their way back from Howrah Hospital to Das Nagar the police officials could not be able to proceed towards Das Nagar Police Station due to heavy road block by the local people at Shanpur crossing and they took shelter in Bantra Police Station and this Police Station was attacked by a mob. As a result the petitioner sustained injury at about 9.30 A.M. in the Police Station and fell unconscious and was treated inside the Police Station. The mob agitated by burning State Bus and making unruly behaviour near the Bantra Police Station and the police had to open fire to disperse the mob at about 11.30 A.M. and as a result one Prantick Mukherjee succumed to his injury due to firing. This was happened in the presence of the Additional Superintendent of Police and Deputy Superintendent of Police, Town (South), and other high police officials but the petitioner could not come out of the Police Station because of the injury. Thereafter your petitioner was suddenly served with an order of suspension issued by the Inspector-General of Police, (HQ), West Bengal, on 17th March, 1990.