ARUN KUMAR BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject writ application is directed against the order of the Superintendent of Police in regard to the reduction in rank so far as the petitioner is concerned.

(2.) A brief reference to facts ought to be made at this juncture. The petitioner joined the police service of West Bengal in 1953 and in the usual course was promoted as the officiating Sub-Inspector of Police in the year 1973 and ultimately was placed as in charge of Faridpur Investigation Centre under Durgapur Police Station on 1st Feb. 1982. In Nov. 1982 the petitioner was asked to attend the training at Barrackpore Police Training College. As against the above noted order of transfer, however, the petitioner moved this Court under Article 226 of the Constitution and T.K. Basu, J. (as he then was) on 28th Nov. 1982 issued a Rule and an order of stay of the order of transfer by reason where for the petitioner continued as in charge of Faridpur Investigation Centre. Subsequent thereto, the Superintendent of Police, Burdwan issued an order of suspension against the petitioner on the ground of petitioner's inaction in reporting all the incidents in the general diary and the petitioner moved an application before this Court under Article 226 whereupon G.N. Ray, J. was pleased to set aside and quash the impugned order of suspension on 5/5/1983. Incidentally it is to be noted that immediately after this order of suspension, the charge-sheet was issued and Ray, J. though set aside the order of suspension, but directed continuance of the enquiry in terns of the charge-sheet and the departmental proceedings were allowed to continue and in this departmental proceeding the petitioner has been penalised by the final order of reversion issued by the Superintendent of Police, Burdwan. 2A. Another fact which ought to be noticed here is the appointment of one Rabindra Nath Mukherjee, Sub-Inspector of Police at the Faridpur Investigation Centre while the petitioner was posted at the Faridpur Investigation Centre. This act of the placement, it was submitted for the same investigation Centre, is contrary to the Police Regulation of Bengal.

(3.) Before adverting to the rival contentions it would be worthwhile to notice the charge-sheet as noted above against the writ petitioner :