PROFULLA CHANDRA Vs. STATE

JUDGEMENT

(1.) In all these writ applications, the petitioners have prayed for issuance of appropriate writ quashing the report dt/-20-12-84 of the Commission of Inquiry and for quashing the adverse comments/findings against them in the said report with a further prayer to issue a injunction against opposite parties Nos. 1, 3 and 4 from taking any action on the basis of the said report of the Commission of Inquiry. All these petitioners except M/s. E. C. Bose and Co. Pvt. Ltd. (petitioner in O.J.C No. 1884/85) and Shri Bhikari Charan Swain (petitioner in O.J.C. No. 1701/85) are senior members in the Orissa Cadre of Indian Police Service. The petitioner M/s. E. C. Bose and Co. Pvt. Ltd. carries on business of stevedoring in various Ports of India including in Paradip. Petitioner No. 2 in the said case is the Director of the Company (petitioner No. 1) Petitioner Bhikari Charan Swain is a member of the Orissa Police Service and was posted as Sub-divisional Police Officer at Paradip.

(2.) There was an incident on 19-3-84 at Paradeep in which there was severe distractions caused by fire covering large areas of Paradeep and there were several casualties. The State Government on receipt of information about the said incident decided to appoint an Inquiring Authority consisting of the then Additional Chief Secretary to the Government of Orissa to enquire into the law and order incident including arson and their aftermath by a notification published in the Extraordinary Orissa Gazette No. 537 dated 6th April, 1984. The notification is reproduced below for ready reference :-

(3.) The learned counsel appearing for the petitioners in all these cases challenges the aforesaid findings/observations of the Inquiring Authority and pray to quash them mainly on the following grounds :