HARERAM SAMANTA Vs. SUPERINTENDENT OF POLICE HOOGHLY

JUDGEMENT

(1.) THE petitioner was appointed a constable, in the Bengal Police Service in the year 1934. He passed certain departmental examinations, worked his way up and ultimately, on July 20, 1956, took over charge of the Malkhana and cash as the Senior Court Sub-Inspector of Serampore Court.

(2.) WHILE serving as such, he was suspended on certain allegations of misconduct. There was a preliminary enquiry into the allegations and a report of enquiry was submitted. On the basis of the report, the petitioner was served with a charge-sheet to the following effect:-

(3.) ON 9-10-56, you being in charge of Serampore Court Malkhana produced one cycle an alamat of Serampore P. S. Non G. R. No. 235/56 u s. 4 B. C. L. A. Act, (Item No. 2 of Serampore Court Malkhana register No. 677/56) before Court Inspr. Shri R. N. Sen for auction sale although there were 2 cycles for auction sale as ordered by the trying magistrate in connection with the said case and you set apart the other cycle (item No. 1 of Serampore Court malkhana register No. 677/56) which you did not produce before the Court Inspector, at the time of auction. This cycle (Item No. I of M. R. No. 677/56) was removed by you from the malkhana sometimes between 9-10-56 and 24-10-56 and taken at your instance to your residence at Chinsurah with the help of C/977 Jogendra Chaudhury and C/lalon Misir both of Serampore Court. 4. On 24-10-56 you deposited Rs. 65/- to the Serampore treasury as per Serampore T. V. No. 84 dated 24-10-56 (R. V. No. 11 (10)56) as the sale proceeds of both the cycles (as stated in charge no. 4) after tampering the relevalent receipt cheque cash account bid list and the malkhana register in order to make it appear that both the cycles were sold in auction, one Rs. 50/- and the other for Rs. 15/ -. 5. On 30-8-56 a piece of gold sheet weighing about 3 as and 21/2 pies was received by you as personal property of one Panchanan Chatterjee, accused of Jagipara P. S. Case No. 10 dated 27-6-56 (vide Serampore Court M. R. No. 1368/56) and on the same date ou obtained orders from the trying Magistrate for sending the said piece of gold to the accused who was released on bail and you showed the said item as disposed of in the malkhana register after obtaining L. T. I. of an unknown person but actually you delivered the said personal property to Panchanan Chatterjee on 30-10-56, when he claimed it 6. On 31-7-56 you had shown a silk saree (Ref. Serampore Court M. R. No. 240/56) as disposed of in the malkhana register on a forged L. T. I. whereas you actually made it over to the rightful owner Shri Debu Mondal of Roy Ghat Lane, P. S. Serampore on 13-9-56 after taking a receipt from him. " 3. The petitioner denied the charges levelled against him. As a result of a departmental enquiry into the charges however, the petitioner was found guilty of all the charges. Mr. A. C. Sen, a Deputy Superintendent of Police who conducted the enquiry, however observed as follows:-