CHAKRAVARTY (R.C.) Vs. DIVISIONAL SUPERINTENDENT, EASTERN RAILWAY

JUDGEMENT

(1.) AT all material times, the petitioner was employed as the divisional personnel inspector under the Eastern Railway. He was also general secretary of the Eastern Railway -men's Union. On the eve of a general strike, the petitioner was taken in custody under the Preventive Detention Act and was detained in the Dum Dum Central Jail from 11 July to 22 July 1960. He was released under the order of the Government of West Bengal on 22 July 1960.

(2.) WHILE in preventive custody, the petitioner and also 41 other persons were placed under suspension for having participated in an Illegal strike. The order of suspension bears the date 14 July 1960, and the material portion from the order is set out below:

(3.) ON or about 7 September 1960, the respondent Divisional Superintendent, realized that by the order dated 14 July 1980, the petitioner was being put under double suspension, firstly, under automatic suspension while in preventive custody (that is to say, the period from 11 July to 22 July 1960) and, secondly, under suspension from 14 July 1960, under the order aforementioned. He, therefore, tried to remedy the situation by making the order, dated 14 July 1960, effective from after the petitioner's release from detention. A material portion from the order is set out below: