STATE OF WEST BENGAL Vs. MANAS KUMAR CHAKRABARTI
LAWS(SC)-2002-12-112
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on
December 13,2002
STATE OF WEST BENGAL
Appellant
VERSUS
MANAS KUMAR CHAKRABARTI
Respondents
Referred Judgements :-
VICE CHANCELLOR L N MITHILA UNIVERSITY VS. DAYANAND JHA [REFERRED]VINEETNARAIN VS. UNION OF INDIA [REFERRED]
MEERA MASSEY MRS ABHA MALHOTRA S C BHADWAL VS. S R MEHROTRA [REFERRED]
GOVERNMENT OF KARNATAKA VS. C DINAKAR [REFERRED]
Cited Judgements :-
STATE OF M P VS. SURENDRA NATH IAS [LAWS(MPH)-2005-12-12] [REFERRED TO]STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VS. A R INFANT I P S BANGALORE [LAWS(KAR)-2012-3-4] [REFERRED TO]
ANAMI NARAYAN ROY VS. SUPRAKASH CHAKRAVARTHY INDIAN INHABITANT [LAWS(BOM)-2009-2-54] [REFERRED TO]
STATE OF PUNJAB VS. SALIL SABHLOK [LAWS(SC)-2013-2-60] [REFERRED TO]
S.S.P. YADAV AND ORS. VS. GOVERNMENT OF A.P. AND ORS. [LAWS(CA)-2010-1-1] [REFERRED TO]
RAVINDRA JUGRAN VS. STATE OF UTTARAKHAND AND OTHERS [LAWS(UTN)-2015-12-76] [REFERRED]
R NATARAJ VS. STATE OF TAMIL NADU [LAWS(MAD)-2010-10-18] [REFERRED TO]
LT GEN MANOMOY GANGULY, VSM VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2018-10-114] [REFERRED TO]
SAROJ KUMAR NAYAK VS. TRIBAL COOPERATIVE MARKETING DEVELOPMENT FEDERATION ON INDIA LIMITED [LAWS(DLH)-2021-6-13] [REFERRED TO]
SANGHAMITRA BHATTACHARYA VS. SUDESHNA KAR [LAWS(CAL)-2022-5-31] [REFERRED TO]
JUDGEMENT
Srikrishna, J. -
(1.)By this appeal the State of West Bengal and its authorities impugn the judgment of the High Court at Calcutta which quashed an order of the State Government dated 23rd May, 2001 appointing the 2nd respondent as Director General and Inspector General of Police.
(2.)The salient facts necessary for deciding this appeal arise as follows:- There are four posts of Director General of Police (DGP) in the State of West Bengal and they are : (a) Director General and Inspector General of Police (DG and IGP), (b) Director General and Commandant General of Home Guards (DGCGHG), (c) Director (Traning) and (d) Director (Intelligence). All the four posts of DGP are in the grade and pay scale of Rs. 24050-650 Rs. 26000/-. The first respondent (Manas Kumar Chakraborty)and the second respondent (Dinesh Chandra Vajpai) are officers of the IPS cadre of the 1966 batch. In the initial merit list, the name of the first responent appeared at serial No. 2 and that of the second respondent at serial No. 6.
(3.)On 28th December, 2000, while the second respondent was working as Addl. DGP, he was selected and empanelled for appointment as DGP. One K. P. Bandyopadhyay and one R. C. Sharma, both of the 1966 batch, had been empanelled earlier and were awaiting vacancy for appointment in the grade of DGP. All three at that stage were in the grade and pay-scale of Additional Director General of Police (ADGP). On 28th February, 2001 two existing DGPs retired by taking voluntary retirement. The said two officers were D. Banerjee, who was then holding the post of Director (Intelligence) and S. K. Ghosh, who was then holding the post of Director General and Commandant General (Home Guards). Out of the three Addl. DGPs in the panel, the first two officers K. P. Bandhyopadhyay and R. C. Sharma were promoted to the DGP grade and appointed as Director (Training) and Director (Intelligence), respectively. The first respondent Manas Kumar Chakraborty, who was then holding the post of Director (Training), was shifted to the post of Director General and Commandant General.
(2.)The salient facts necessary for deciding this appeal arise as follows:- There are four posts of Director General of Police (DGP) in the State of West Bengal and they are : (a) Director General and Inspector General of Police (DG and IGP), (b) Director General and Commandant General of Home Guards (DGCGHG), (c) Director (Traning) and (d) Director (Intelligence). All the four posts of DGP are in the grade and pay scale of Rs. 24050-650 Rs. 26000/-. The first respondent (Manas Kumar Chakraborty)and the second respondent (Dinesh Chandra Vajpai) are officers of the IPS cadre of the 1966 batch. In the initial merit list, the name of the first responent appeared at serial No. 2 and that of the second respondent at serial No. 6.
(3.)On 28th December, 2000, while the second respondent was working as Addl. DGP, he was selected and empanelled for appointment as DGP. One K. P. Bandyopadhyay and one R. C. Sharma, both of the 1966 batch, had been empanelled earlier and were awaiting vacancy for appointment in the grade of DGP. All three at that stage were in the grade and pay-scale of Additional Director General of Police (ADGP). On 28th February, 2001 two existing DGPs retired by taking voluntary retirement. The said two officers were D. Banerjee, who was then holding the post of Director (Intelligence) and S. K. Ghosh, who was then holding the post of Director General and Commandant General (Home Guards). Out of the three Addl. DGPs in the panel, the first two officers K. P. Bandhyopadhyay and R. C. Sharma were promoted to the DGP grade and appointed as Director (Training) and Director (Intelligence), respectively. The first respondent Manas Kumar Chakraborty, who was then holding the post of Director (Training), was shifted to the post of Director General and Commandant General.
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