STATE OF WEST BENGAL Vs. TAPAN KUMAR SAHA

JUDGEMENT

(1.) This application under Article 227 has been filed by the State Authorities against an order passed by the State Administrative Tribunal on 5th January 1998 setting aside the order of dismissal against the respondent.

(2.) The respondent joined the Calcutta Police as Sergeant on 1st April of 1975. It is on record that the respondent has been awarded about 64 awards for meritorious service. The otherwise unblemished record of service of the respondent suffered a set back after the respondent joined as Sergeant in the Police Station in Beliaghata on 22nd April 1993.

(3.) The first contretemps was faced by the respondent when he sought to execute an order passed by the High Court on 31st March 1994 relating to the construction of a wall of one Dr. Chowdhury. The respondent was strongly resisted by some local people. The resistance was overcome and the order of the court was carried out. The local people however complained to the Minister-in-Charge, Government of West Bengal, who referred the matter to the Commissioner of Police. Consequent to this the petitioner was sought to be transferred to the Reserve Force from Beliaghata P.S. with immediate effect. The transfer order was challenged by the Respondent under Article 226. The writ application (referred to as the first writ petition) was disposed of on 16th June 1994 by Altamas Kabir-J who set aside the order of transfer holding that the respondent was being penalised for doing his duty conscientiously and that the transfer of the respondent had "politically overtones".