SANKAR MAJUMDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner who is Sub-Inspector of Police attached to the District of Howrah has moved this Court against the order of suspension being D.O.D. No. 109 dated 21.,3.1990 issued by the then Superintendent of Police, Howrah being annexure 'H' to the writ petition.

(2.) He challenges the same as malafide, arbitrary and issued by way of' punishment in violation of Regulation 880 of Police Regulation of Bengal.

(3.) He alleges the following facts in support of his above submission.- Sri S. Mukhopadhyay, the then Superintendent of Police transferred him from the Howrah Police lines to take charge as Officer-in-charge of Amta Police Station by his order dated 30th January 1990 and he joined his post on 2nd February 1990. He received complaint from the Zonal Secretary of CPI(M) Chandrapur village, a mass petition, on 3rd March 1990 complaining about various anti-social and illegal activities of Sk. Ashgar Ali, the Prodhan of Chandrapur Gram Panchayat and his associates requesting him to take proper and effective steps against Sk. Ashgar Ali and his associates, He discussed the matter with Respondent no. 7, the Circle Inspector of Police, Amta who asked him not to take steps immediately but to wait for sometime. Then on 6th March 1990 at 22.05 hours one Sakina Khatun lodged a complaint with him which he recorded as FIR and as it disclosed various non-bailable and cognizable offences. He started Amta P. S. Case No 19 dated 6.3.1990 under sections 147/148/449/448/3~23/325/342/ 427/380/506 I.P.C. read with sections 25/27 of the Arms Act and section 9 (b) of Explosive Substance Act Against Sk. Ashgar Ali, Gora Mallik, Abdullah Khan, Wahab Khan, Sheik Musaraf, Rashid Mallik, Babulal Mirda and others.