TARAPADA BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226, of the Constitution for a writ in the nature of prohibition prohibiting the respondent from proceeding with certain departmental proceedings taken against the petitioner and from taking any steps against the petitioner under the Police Regulations, Bengal, 1943.

(2.) The petitioner's case is that he was appointed as Sub-Inspector of Police on 2-1-1945 and has continued in such service under the State of West Bengal. The petitioner was posted as such Sub-Inspector at the Police Station of Sarupnagar in Basirhat Sub-Division in the District of 24 Parganas on the border of East Pakistan. On or about 13-1-1951, the petitioner was entrusted with the execution of warrant of arrest issued against one Anil Kumar Banerji of Charghat within the said Sarupnagar Police Station. The said warrant of arrest was issued by the Magistrate of Basirhat Sub Division as the said Anil Kumar Banerji failed to attend as a witness in his Court in one of the smuggling cases which were pending before the Magistrate. The petitioner deputed a Head Constable to execute the said warrant of arrest and the said Head Constable Khublal Singh brought the said Anil Kumar Banerji under arrest to the Charghat camp. When the petitioner visited the said Charghat camp on his way to the Police Station he was informed by Khublal that the said Anil Kumar Banerji attempted to avoid the execution of the warrant. The petitioner offered to release Anil on bail on the spot. Anil, however, refused to offer bail and refused to proceed to the Police Station unless he was forced to do so and he also used vile language against the petitioner and against the authority who issued the said warrant of arrest. The petitioner thereupon directed the Head Constable to take Anil to the Police Station by force. Anil was thereafter brought to the Police Station but was subsequently released on bail. It is alleged that after such release Anil threatened the petitioner with personal violence and loss of service and he represented to the petitioner that he had considerable influence with persons at the helm of affairs. On or about 20-2-1951 the petitioner received an order from the Superintendent of Police, 24 Parganas by which he was suspended from service pending an enquiry into his conduct. On or about 27-3-1951 the petitioner received a notice under the signature of one Mr. S. K. Mitra the Sub-Divisional Police Officer, Basirhat, containing certain charges framed against the petitioner and calling upon him to show cause why he should not be dismissed, discharged, reduced or otherwise severely dealt with, The charges against the petitioner were : (1) That the petitioner acted in a most high-handed manner in the matter of execution of the warrant of arrest and in excess of requirements. (2) That the petitioner betrayed mala fide and displayed tactlessness in ordering Anil Kumar Banerji to be tied with a rope, (3) That the petitioner acted in bad faith in not releasing Anil on bail in the village although the petitioner was personally present there and thus committed another act of excess without sufficient cause.

(3.) On or about 30-3-1951 the petitioner protested against any departmental enquiry being held and offered to be tried for the alleged charges by a competent Court of Law. On 11-4-1951, the petitioner was, however, informed that there was no bar to the departmental proceedings being held and his request for enquiry by the Court was rejected. On 30-4-1951, the present petition was moved before this Court and rule nisi was issued.