SAMBHU NATH DUTTA Vs. STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-1990-2-73
HIGH COURT OF CALCUTTA
Decided on February 02,1990

SAMBHU NATH DUTTA Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

Manoranjan Mallick, J. - (1.) The petitioner who joined the Calcutta Police Force in the year 1967 as direct Sub-Inspector of Police, has moved this Court being aggrieved by the Order No.387 published in the Calcutta Police Gazette dated February 20, 1988 of the Deputy Commissioner of Police, Head Quarters by which 54 confirmed Sub-Inspectors out of 61 Sub-Inspectors has been placed in the approved list No. II of the Sub-Inspectors fit to officiate in the rank of Inspector (Investigating Cadre). The Writ Petitioner has moved this Court challenging the non-inclusion of the name of the petitioner in the said list. He complains that even though since 1967 he has been discharging his duties with utmost sincerity, devotion of duties and to the satisfaction of the superiors, his service record is also good and there is no major punishment in it, the petitioner has not been considered fit to be included in the list for the promotion to the post of Inspector (Investigating Cadre). He further submits that he attended the course of training in Scientific Interrogation from 1.6.1987 and passed successfully in the final examination securing 75% Distinction marks at Central Detective Training Centre. He also complains that after lapse of such long time he got no promotion to the next higher rank and is being and/or shall be deprived of his seniority and denial of promotion to the next higher rank in time. He also complains that he submitted a review application before the Commissioner of Police but the Commissioner of Police did not dispose of his review application. In the writ petition he has also cited a few instances in which the promotion has been given to some of the officers even though they have not been placed in the select list.
(2.) As during the pendency of the writ petition, the review application has been rejected by the Commissioner of Police, the petitioner has filed an amendment petition to the writ petition by way of supplementary affidavit and has also challenged such rejection of his petition for review.
(3.) The Respondents through an affidavit sworn by Shri S.I.S. Ahmed, Deputy Commissioner of Police, Head Quarters being the Respondent No.4 has submitted an affidavit-in-opposition contesting the writ petition. It is submitted that in order to consider the suitability of eligible Sub-Inspectors for inclusion of their names on the approved list No. II of Sub-Inspectors who are fit to officiate as Inspectors (Investigating Cadre), a Selection Board consisted of the Joint Commissioners of Police and all the Deputy Commissioners of Police, Calcutta with the Commissioner of Police, Calcutta as being the Chairman of the said Board was constituted, that all eligible Sub-Inspectors including the petitioner were called for an interview to appear physically before the Board and they accordingly appeared in the interview by the said Board, that only when a Sub-Inspector so appeared before and interviewed by the said Board obtains qualifying marks as prescribed by the concerned authority, such a candidate should be deemed to be successful one and thereafter the names of such successful Sub-Inspectors are included in the approved list No.II for getting promotion to the rank of officiating Inspector of Police, that the petitioner who was interviewed by the Board could not obtain the prescribed qualifying marks and as such his name was not included in the approved list No.II of such Inspector (Investigating Cadre) fit to officiate as Inspector.;


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