SHIVA NANDAN SINHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal from the judgment of Bose J, dated February 29, 1952 dismissing an application filed by the appellant under Article 226 of the Constitution.

(2.) The facts as they appear from the records of the case are as follows:

(3.) The appellant was appointed Assistant Sub-Inspector of Police and was promoted on 16-8-1937 to the rank of officiating Sub-Inspector of Police by the Superintendent of Police and continued as such till 2-1-1945 when he was made a Probationary Sub-Inspector of Police. The appellant was confirmed as a Sub-Inspector of Police on 2-1-1946. The appellant was, at all material times, the officer in charge of the Baranagar Police Station in the District of 24-Parganas. Under instructions from the Superintendent of Police, 24-Parganas, an inspection was made by the Sub-Divisional Police Inspector, Baranagore on 19-5-1951. The inspection revealed several cases of irregularities, lack of supervision and control, breach of discipline and dereliction of duty on the part oF the appellant. A report was submitted to the Superintendent of Police who made a personal inquiry on 25-5-1951. The latter directed proceedings to be taken against the appellant and pending inquiry, passed an order of suspension on 27-5-1951. A telephonic message was sent on the same day to the appellant and an order placing the appellant under suspension from 1-6-1951 was issued by the Superintendent of Police on 27-5-1951. The order of suspension set out the charges and directed the appellant to join the Police lines and attend Rajira etc.