KAMINI KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE facts in this case are briefly as follows: the petitioner, Kamini Kumar Das Choudhury was appointed as a probationary Sub-Inspector of Police, Bengal with effect from 2nd January, 1945, by the Principal, Police Training College, Sardah (Rajsahi), Bengal, who is of the rank of a Superintendent of Police. By D. O. No. 2607, dated the 16th September, 1947 he was temporarily transferred to the Calcutta Police. (Vide West Bengal Police Gazette, dated October 3, 1947 ).

(2.) ON or about the 6th February, 1951, the Government of West Bengal transferred the services of the petitioner temporarily to the Calcutta Police. This appears from a memorandum dated 6th February 1951, issued by the Government of West Bengal in its Home (Police) Department, No. 467-PL/p5p-6/49 dated 6th February 1951, a copy whereof is annexed to the further Affidavit affirmed by mr. Satyendra Nath Mukherjee, dated 5th July, 1957. On or about 18th April, 1951 the petitioner was posted to the Enforcement branch of the Calcutta Police.

(3.) ON the 20th May 1951, under orders made by Respondent No. 3, there was a search at the house of one Hari Pada, situated in the Kankurgachi Bustee. There was also a general search in locality. The petitioner was ordered to take part in the house search; and a general order was passed by Respondent No. 3 that no one should depart from the place of search till the arrival of the Deputy Commissioner or the Assistant Commissioner. In violation of the said order, the petitioner left the place and was found loitering in the vicinity. His case is that he was fatigued and went to have a cup of tea. Mr. Satyendra Nath Mukherji, the Deputy Commissioner of Police, Enforcement Branch, who detected the petitioner loitering on the side of a tank, definitely swears that there was no tea shop in the vicinity where he was found loitering [para 11 (b), counter affidavit].