SUNIL KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Rule raises a short but nice question of law.

(2.) I. That question, apart from others raised in the Petition (which will be dealt with hereafter) is- 2a. Whether 'conviction on a criminal charge', in Proviso (a) to Article 311 (2) of the Constitution includes conviction of a statutory offence.

(3.) The Petitioner, a Sub-Inspector oil Police, was, at the material time, serving as a District Enforcement Officer of 24 Parganas, By an order of December 19, 1959, passed by the Supdt. of Police, he was transferred to Nadia with effect from January 2, 1960 and directed to undergo training in Fingerprint (Annexure A to the Petition) from there. The Petitioner made representations during the pendency of which another order was issued by the Addl. Supdt, of Police (Enforcement) of 24-Parganas on March 22, 1960, by which he was asked not to discharge any duties as a Police Officer in the Dt. of 24-Parganas as he had been transferred away from the district with effect from January 8, 1960. As he did not still comply with the said order of transfer, a complaint was lodged against him; under orders of the Superintendent of Police, 24-Parganas for alleged offence under Section 29 of the Police Act, for violation of the order of transfer. This ended in the conviction of the Petitioner by the Magistrate, 1st Class, Alipore on November 25, 1961, and the Petitioner was sentenced to pay a fine of Rs. 100 or, in default to undergo simple imprisonment for one week. His appeal against this sentence was dismissed (Annexure F) and so was his application for revision to this Court, where it has been held that he was clearly guilty of violating the order of transfer to Nadia (Annexure H).