STATE OF WEST BENGAL Vs. NAZRUL ISLAM

JUDGEMENT

(1.) FACTS : -

(2.) THE facts would depict, the post of Director General of Police in the State became vacant on the retirement of the then incumbent. The State decided to fill up the vacancy. Accordingly, as per the promotion guidelines dated January 15, 1999, the State formed a Screening Committee. As per the guidelines, (i) the Chief Secretary of the State (ii) one non -IPS officer of the rank of Chief Secretary under the State (iii) Director General of Police and (iv) an additional member in case there is a senior officer available holding independent charge of Home Secretary in the rank of Additional Chief Secretary or Chief Secretary. Accordingly, the State constituted a Committee. They were supposed to meet on December 5, 2012. On December 3, 2012, the Additional Secretary of the Home Department issued a Note, Sri Basudeb Banerjee, IAS, the then Home Secretary who was not an Additional Chief Secretary at the relevant time would participate in the meeting as a "Non -member Invitee". Significant to note, Sri Banerjee already attended one meeting on July 18, 2012 as we find from the Note dated December 3, 2012.

(3.) ON December 5, 2012 the Committee met and prepared a list of successful officers to be promoted to the rank of Director General of Police. The Committee considered the relevant A.C.Rs. As per the Notification dated November 30, 2012 for the post of Director General, three "outstanding" grades of last five years would make an officer eligible to come within the zone of consideration. It is, however clarified; in case any of the A.C.Rs. was reported to be not available, the Committee would be at liberty to see the preceding one year. Following the said Notification, the Committee while considering the A.C.Rs. considered the preceding A.C.Rs. of at least three officers including Dr. Islam as in their cases some of the A.C.Rs. for the relevant period between 2007 to 2012 were not readily available. The Screening Committee prepared a panel where Dr. Islam became unsuccessful, hence his challenge to the Tribunal that succeeded. The State has now come up challenging the decision of the Tribunal. The learned Judge of the Tribunal also quashed the appointments given to the successful candidates. Dr. Islam is also aggrieved, he has also filed an application as according to him, two documents being dated November 30, 2012 and December 3, 2012 should have also be set aside. The Tribunal overlooked such issue. The promotees have also filed separate petitions which are heard analogously.