SURESH CHANDRA Vs. HIMANGSHU KUMAR ROY

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for a Writ of Certiorari for quashing the order dated 6-5-1950, passed by respondent 2 in certain departmental proceedings taken against the petitioner.

(2.) It appears that the petitioner was a member of the clerical establishment in the Bengal Police for the last 23 years and was governed by the Bengal Subordinate Service (Discipline and Appeal) Rules, 1936. It is stated by the learned counsel appearing for the petitioner that the petitioner was appointed a clerk in the Bengal Police some time in April 1927 by the Deputy Inspector General, Backergunj range, and the petitioner was given a letter of appointment according to the service rules of the Police Service. This fact of the petitioner being appointed by the Deputy Inspector General of Police, Backergunj, is, however, not stated in the petition but it appears that for the purpose of establishing this fact before the Court the petitioner's solicitor by a letter dated 9-4-1951 called upon the respondents' solicitor to produce the Police Gazette dated 13-1-1928, and the service book of the petitioner at the hearing but none of these documents have been produced on behalf of the respondents. The same request was repeated at the hearing but with no effect.

(3.) It is alleged in the petition that until 17-12-1947, the petitioner used to work in the Force Department of the Inspector General of Police office along with one Upanand'a Mukherjee and one Bolai Chand Mukherji.