STATE OF WEST BENGAL Vs. SOMENDRA NATH LAHIRI

JUDGEMENT

(1.) TINS is an appeal from a judgment of Mr. Justice Masud delivered on the 9th january, 1974. In an application by the respondent under Article 226 of the Constitution the learned Trial judge following the decision of Mr. Justice Sabyasachi Mukharji in Siladitya De v. State of West Bengal, reported in 76 CWN 444, had made the rule absolute.

(2.) ON 19 June, 1970, the respondent was selected for appointment as a. Sub-Inspector in the Calcutta Police Force. The Deputy Commissioner of Police, head Quarters, Calcutta, addressed a letter to him in which it was stated inter alia as follows :-

(3.) NOW, Rule 46, Sub-rule 3 of the police Regulations in Chapter XV provides, inter alia, as follows :-