STATE OF WEST BENGAL Vs. DHAJADHARI DUTTA

JUDGEMENT

(1.) This is an appeal from the judgment of D.N. Sinha, J. allowing an application of the petitioner-respondent Dhajadhari Dutta under Article 226 of the Constitution of India against the Union of India, Home (Police) Department, New Delhi; State of West Bengal of Police; Inspector-General of Police and the Chief Secretary, Government of West Bengal. Against that order, the State of West Bengal, represented by the Secretary Home (Police) Department; Inspector-General of Police and the Chief Secretary, Government of West Bengal have appealed.

(2.) The facts briefly are as follows: The petitioner-respondent was appointed at a Sub-Inspector of Police on 2.1.1925. He was promoted as Inspector of Police in May 1942. He was confirmed in that post in November 1944. In April 1945 he was promoted as Deputy Superintendent of Police. He was confirmed in that post of Deputy Superintendent of Police in 1947 and his rank was the rank of Deputy Superintendent of Police. Thereafter, on 26.3.1948 he was allowed to officiate as Superintendent of Police from 1948 to 1951 until further orders. On 25.6.1951 the Government decided to revert him as Deputy Superintendent of Police, this substantive rank and posted him as such at Midnapore. The petitioner made a representation to the Government and sent also a Memorial to the State Government as also to the Central Government. Those representations did not succeed. On 7.5.1954 the petitioner gave a notice demanding justice and on 8.5.1954 obtained a Rule from this Court. Much of the edge of the Rule is lost. The petitioner has retired from service in the meantime. We are told that he retired sometime in 1955-56. There is therefore, no question of any reinstatement in the present facts. There is, therefore, no question here any more of setting aside the order of reversion with a view to reinstate the petitioner-respondent. The only point from the practical side is the question of arrears of pay and possibility of higher pension.

(3.) D.N. Sinha, J. made the Rule absolute on the 3rd April 1958. The present appeal is by the Government against that order.