DULAL RANJAN BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This judgment governs Matter No. 4251 of 1998 and Matter No. 3841 of 1993 of this Court.

(2.) The Petitioners in Matter No. 4251 of 1993 are directly recruited Sub -Inspectors of Police, West Bengal ; their respective dates of appointments and confirmation are shown in a chart annexed with the writ -petition and marked as annexure 'A'. Their services are guided and controlled by the Police Regulations of Bengal, 1943 and Departmental Rules and Orders as also by the West Bengal Service Rules. Their next promotion under the Rules is to the rank of the Inspectors of Police, W.B. For the purpose of their promotion, the D.I.G. of each Range constitutes a Board, i.e. Range Board which draws up the approved lists for the range for considering the names of the Sub -Inspectors for promotion. To become eligible for such promotion, a candidate upon completion of nine years of service, has to qualify in a written examination, 14 weeks in -service Training and interview held by the D.I.G. of each range. For the purpose of giving final promotion, a conference of all D.I.G.'s, I.G.'s and Addl. I.G.'s is held under the aegies of the D.G. and I.G.P. of W.B. wherein the Trial Lists of each range is placed for consideration for the purpose of drawing up the Final Lists at the said Conference. Personal appearance of any Sub -Inspector is not required. The only materials to be considered are the service records and the Range approved lists drawn up by the respective D.I.G.'s of each Range. The Petitioners qualified for and were included in the Trial Lists drawn up by their Range Board as per Rules in 1990, 1991 and 1993.

(3.) At the conference of the D.I.G.'s of Police held by the D.G. and I.G.P., W.B. in 1990 and 1991, the candidature of the Petitioners were not considered due to the administrative decision taken at the Conference to restrict the zone of consideration upto the years of 1973 and 1974 only. At the conference held by the D.G. and I.G.P. with Addl. D.G. and I.G.P.'s and D.I.G.'s held in May, 1993, it was decided to restrict the zone of consideration to the Officers recruited upto 1978 as Sub -Inspectors. Xerox copy of the Meeting held by the said Conference in May, 1993 is annexed with the writ petition and marked with the letter 'B'. The Petitioners, it is alleged, have reasons to believe that the board did not consider their cases on merits and selected the persons who had blemished records of service. The Members of the Conference, it is alleged, declared many candidates including the Petitioners unfit by casting a stigma upon their candidature without assigning any reasons or giving an opportunity to the concerned candidates to defend themselves. It is alleged that the Petitioners have brilliant service record and they have all along performed their duties to the best of their abilities. It has also been alleged that the findings of the Conference will, result not only in supersession of the Petitioners by their junior officers but in permanent blockade of all promotional avenues of the Petitioners. It is in effect double punishment inflicted upon the Petitioners for no fault of theirs. It has been stated that a number of the Petitioners made representations, through Propel Channel to the D.G. and I.G.P. bringing all the facts for reconsideration of his decision taken at the conference held in 1993. Unfortunately, such representations are gathering dust only, as no reply has been sent thereto. Xerox copies of the representation are annexed with the writ petition and marked as letter 'C'. Being aggrieved by and dissatisfied with that the arbitrary, mala fide and discriminatory exercise of discretion of the Respondents resulting in supersession of the Petitioners by their juniors, the Petitioners have come before this Court for the following, among other, reliefs: