SAMARENDRA CHANDRA SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal by the petitioner against the judgment and order dated April 5, 1968 passed by Durga Das Basu J. in Civil Rule No. 1938 (W) of 1966 discharging the Rule obtained by the petitioner. The facts relevant for our purpose are as follows:

(2.) The petitioner was initially a Sub-Inspector of Police appointed in 1937. He was sent on deputation to the Special Police Establishment, Government of India, sometime in 1947. He worked there for sometime as Sub-Inspector and even as Officiating Inspector upto 20th October 1951. He was thereafter reverted to West Bengal Police in his substantive rank of Sub Inspector of Police a year thereafter and had been officiating as Inspector of Police from December 4, 1952. The petitioner's case was considered for confirmation in the post of Inspector in the conference of Inspector General of Police with Deputy Inspector General of Police according to the respondents and the petitioner's work was never found satisfactory and as a result he was never enlisted in the State approved list for his confirmation.

(3.) By a notification dated August 3, 1959, gazetted status was conferred on Inspectors of Police of West Bengal. It further appears that some disciplinary proceedings were initiated against the petitioner as Proceeding No.12 of 1962, Purulia, for gross misconduct and dereliction of duty. The said proceeding continued till January 21, 1965. In spite of best efforts the enquiry could not be completed and this was due to, according to the respondents, the dilatory tactics adopted by the petitioner. Thereafter another disciplinary proceeding was started against the petitioner, being Proceeding No.20 of 1964 which was also not completed, according to the respondents, on account of the petitioner's dilatory tactics. According to the respondents, these two proceedings were thereafter merged in Proceeding No.1 of 1965 and this proceeding also could not be completed for the reasons stated above according to the respondents. These proceedings were subsequently dropped and thereafter another proceeding was initiated, being Proceeding No.12 of 1966. It appears that sometime on May 21, 1966, the petitioner served a demand of justice asking for his confirmation in the post of Inspector of Police. No reply was given to the said letter and by notice dated June 10, 1966 the petitioner was given notice that he would retire from service on his attaining the age of 55 years on and from December 13, 1966. The Proceeding No.12 of 1966 was thereafter filed on 1.12.1966.