SUDHIR KUMAR BANERJI Vs. SUPERINTENDENT OF POLICE, MIDNAPORE

JUDGEMENT

(1.) This Rule is directed against an order of suspension dated 25.9.78 passed by the Superintendent of Police, Midnapore under Regulation 880 of the Police Regulations Bengal, 1943.

(2.) Petitioner was appointed in the year 1976 as a Sub - Inspector of Police in the West Bengal Police Service. He was required to be on probation for three years including one year training period at Barackpore Police Training College. On 6th July, 1978 he joined as a "probationary" Sub - Inspector at Daspur Police Station in Midnapore District. On 2nd Sept. 1978 there was a ravaging flood in Daspur area. No official quarter was allotted to the petitioner. So he stayed in a rented private house. As the flood water approached the police station, he had to rush to his residence situated at a distance of about half a kilo meter from the police station. It is stated in the petition that the petitioner had to stay with the landlord on the 1st floor of that house at that night as there was about 4'ft. water inside the rooms on the ground floor. On 3rd Sept., 1978 he made all efforts to contact Daspur Police Station, but could not reach there because of strong current of the water. Further more there was about 5'ft water all round. As the petitioner himself was facing danger of his life,he took a risky attempt to go out on the 4th Sept., 1978 after plodding through chestdeep water. He found a private boat proceeding towards Kalmijore. On reaching Kalmijore which took about 7 hours by boat he availed of a bus which was going towards the Bombay Road. He reached Kolaghat and from there took a train to Howrah. On 5th Sept., 1978 he reached his home town at Bankura. Thereafter, he fell ill and was under medical treatment. He sent a petition to the respondent No. 1 on the 7th Sept., 1978. informing him all the facts and praying for necessary instructions. The Officer-in-Charge of Daspurs Police Station was also sent a copy of the said petition. He, however, received no instruction as prayed for, from the respondent no. I, On 10th Sept., 1978 on recovery from his illness, he resumed duties at Daspur police Station. On the same day, the respondent no. 3 paid a surprise visit and threatened that the contemplated departmental proceedings would cause an end of his service career. On 25th Sept., 1978 the respondent no. 1 passed the impugned order placing the petitioner under suspension on the alleged ground that the continuance of the petitioner in, office would be prejudicial to public interest pending inquiry into his conduct in a departmental proceeding. By the said order petitioner was directed to attend all Roll Calls at Midnapore Police Lines until further order. On the 26th Sept., 1978 petitioner prayed for reconsideration of the decision of the respondent no. 1. On 9th Oct., 1978, the petitioner went to the orderly room to know the fate of his petition dated 26th Sept., 1978 when he was told by the respondent no. 1 that the decision already taken in the matter was final. On 23rd Oct., 1978 petitioner was served with a charge-sheet alleging Inter alia that the petitioner left the police station on 4th Sept., 1978 without any leave or permission and remained absent till 17th Sept., 1978. It was further alleged that the petitioner neglected his duties, showed utter cowardice and behaved in an indisciplined manner. Petitioner being aggrieved by the said order, moved this Court under 226 of the Constitution and obtained the present Rule.

(3.) Mr. Banerji, appearing on behalf of the petitioner raised three points. In ihe first place he contended that on the 25th Sept., 1978 when the impugned order of suspension was passed, no inquiry against the petitioner was pending and as such the order of suspension in terms of Regulation 880 could not have been passed in the present case.