BHAGABATI PRASAD BANERJEE, J. - (1.)In the writ application, the petitioner challenged the validity of the continuance of a departmental proceeding after retirement of the petitioner from the service on attaining the age of superannuation and also challenged the validity of the departmental proceeding inter alia on the ground that on these self-same charges the petitioner was exonerated earlier and a fresh proceeding was drawn up after a lapse of a few years.
(2.)The fact of the case is that the petitioner joined the Calcutta Police as a Constable in the yean 1946 and in the year 1953 the petitioner was promoted to the post of assistant Sub Inspector of Police and thereafter the petitioner was promoted to the post of Sub-Inspector of Police. While the petitioner was posted as Sub-Inspector of Police Brigade Ancillary Armed Police, Calcutta, the Commissioner of Police, Calcutta drew up a departmental proceeding against the petitioner which was registered as Proceeding No. 39 dated 11th April 1978. The petitioner was served with a charge sheet in which the petitioner was served with gross misconduct unbecoming of an officer of the Calcutta Police Force. The charges against the petitioner were as follows : -
"1) Being a public servant and being legally bound not to engage yourself or any member of your family in business, you, without obtaining permission from the competent authority as per Rule 16 of the West Bengal Government Servant's Conduct Rules, 1959, permitted your wife Sm. Arati Bhattacharjee to be a partner el M/s. R. K. Traders of 77, Desha Pran Sasmal Road, Calcutta and to be one of the Directors of M/s. Bengal Tools & Engineering Co.. Pvt. Ltd. of 74/1A, Gold Club Road, Calcutta, specially when M/s, R. K. Traders dealt in musturd of and Vansapati and you. when posted in the Enforcement Branch for a long period, had to deal with finding out demand, supply and prices. of various essentia! commodities including musturd oil and Vanaspati. 2) You took active interest in the management of the said M/s. R. K. Traders and were found present at the godown of the said firm at 74/1A, Golf Club Road when the officers of the Enforcement Branch, West Bengal searched the said godown while making an enquiry on or about 2.10.77 and also to help the said business in contravention of Rule 17 of the West Bengal Government Servant's Conduct Rules, 1959. 3) You did not obtain permission from the competent authority before permitting your wife to acquire the landed property at 40, Golf Club Rod, Calcutta 33 jointly with your brother Nanda Gopal Bhattacharjee in contravention of Rule 18 of West Bengal Government Servants' Conduct Rules, 1959".

(3.)Shri T. Chattapadhyay, D. C. (ii) D.D., Calcutta Police was appointed an enquiring Officer. It was alleged that the said Enquiring Officer Shri T. Chattapadhya who started the enquiry with the charges, but could not conclude the same as the enquiring Officer was transferred from the said post and thereafter Shri D. C. Biswas, Deputy Commissioner of Police (II), Special Branch, Calcutta POlice was appointed afresh as the Enquiring Officer to enquire into the charges. It was further alleged that Shri D. C. Biswas, Enquiring Officer held the enquiry and after conclusion of the enquiry submitted a report on 4th June, 1979 and that in the said enquiry report, the said Enquiring Officer, Shri D. C. Biswas found that the petitioner was not guilty of the charges, inter alia, observing that "The charges leveled against the delinquent were very serious but these were not framed after collection of necessary material evidence. During enquiry the prosecution also could not place sufficient evidence to substantiate any one of the charges. Under the circumstances, the delinquent automatically stands exonerated of all the charges brought against" Thereafter it appears that on 7th July, 1981, the Commissioner of Police, Calcutta passed an order quashing the enquiry conducted by Shri D. C. Biswas, Deputy Commissioner of Police (II), Special Branch, Calcutta who was appointed Enquiring Officer. The relevant extract of the said order passed by the Commissioner of Police, Calcutta on 7th July 1981 was as follows :
"There has been practically no enquiry in the proceeding. The enquiry conducted is quashed. Shri S. K. Mukherjee, D.C., S.B.(l) will conduct a fresh enquiry and complete the same within 2 months. A copy of the order may be given: to the delinquent".