MANINDRA MATH BALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner moved this writ application challenging the validity of the Charge-sheet No. 16 dated 15th August, 1987 which is Annexure 'l' to the writ petition.

(2.) THE facts of this case are as follows : -The petitioner while serving as Inspector, Food and Supplies department, Government of West Bengal, was arrested by the Police in connection with an investigation started against him by the Police-in respect of an offence under Section 161 I. P. C. /5 (ii) of the prevention of Corruption Act read with Section 12 ( (B of the Indian Penal Code. The said Criminal Case refers to Memari Police Station Case No. 9 dated 10th January, 1983. Immediately after the arrest of the petitioner, by the order dated 13th January, 1983 this petitioner was placed under suspension from service by the Director, [district Distribution, procurement and Supply and the Appointing Authority under rule 7 (3) of the west Bengal Services (Classification, Control and Appeal) Rules, 1971 on the ground that the petitioner was ini Police custody tor a period exceeding 48 hours.

(3.) IN the First Information Report which was lodged in this behalf the allegation against the petitioner was :