STATE OF WEST BENGAL Vs. AJIT BARAN CHAKRAVORTY

JUDGEMENT

(1.) This appeal is concerned with the validity of an order of compulsory retirement dated June 14, 1972, passed in exercise of power under Rule 16(3) of the All India Services (Death -cum -Retirement) Rules, 1958. The said order reads as follows:

(2.) In order to appreciate the contentions urged in this appeal it would be necessary to refer to the facts. The Respondent No. 1 joined the Indian Police Service on September 15, 1948 and served the Police department in different capacities. At the relevant time when the impugned order was passed the Respondent No. 1 was the State Commandant, West Bengal National Volunteer Forces, Administrative Buildings, Kalyani. In October 1961, the Government of India, Ministry of Home Affairs, had issued circulars regarding the preparation and maintenance of confidential reports in respect of the Government Officers. Paragraphs 8 and 9 of the said circulars which are relevant for the present purpose provided as follows:

(3.) In October 1967, the Respondent No. 1 was superseded by an order made by the Government; the Respondent No. 1 moved an application on October 3, 1959, under Article 226 of the Constitution and a rule nisi being C.R. No. 6738(W) of 1969 was issued. The said application is pending. On or about March 1970 the Respondent No. 1 made a representation to the Governor of West Bengal complaining about bias, prejudice and vindictiveness of Sri D.G. Bhattacharjee, the then D.I.G.E.B. and Addl. I.G. of Police and praying for an order for supplying the copies of the adverse remarks if any against the Respondent No. 1. The Respondent No. 1 contended in the instant writ application that there was no response to the said representation. On July 15, 1970, the All India Services Confidential Character Rolls Rules, 1970, came into force. The same replaced the directions contained in the circular referred to hereinbefore. The said rules were framed under Sec. 3 of the All India Services Act, 1951. The relevant provisions of the said rules are Rules 8 to 10 which are as follows: