P.B.Mukharji, J. - (1.) I have read the judgment about to be delivered by my learned brother B. C. Mitra, J. I agree and concur with his views. I wish, however, to add the following observations.
(2.) The Government of West Bengal through its Home Secretary and others are the appellants. The petitioner in the trial Court is the respondent in this appeal. The respondent made an application for a writ under Article 226 of the Constitution and prayed for a writ of mandamus, certiorari and prohibition for quashing the order for reversion of reduction in rank dated the 9th July, 1954, and notified in the notification in the Calcutta Police Gazette dated the 19th July, 1954, to the subordinate rank of Inspector of Police, Calcutta.
(3.) The respondent was first appointed to the Calcutta Police on the 10th November, 1925, as a Sub-Inspector of Police. In 1939, the petitioner commenced officiating as Inspector of the Calcutta Police. On the 27th February, 1942, the respondent's name was empanelled in the list of persons fit for being promoted as Assistant Commissioner of Police. On the 3rd May, 1943, he was confirmed in the cadre of Inspector of Police. On the 7th May, 1948, he was appointed to act as Assistant Commissioner of Police. On the 22nd June, 1949, the respondent was declared to have passed with distinction the qualifying examination for promotion as Assistant Commissioner of Police and his name was included on the 8th February, 1952, by the Selection Board in the list of persons fit for confirmation in the rank of Assistant Commissioner of Police. Thereafter he was posted to the Bengal Police on the 30th January, 1954, to act as the Deputy Superintendent of Police, Enforcement Branch, Midnapore. The respondent joined the post as temporary Deputy Superintendent of Police at Midnapore on the 10th February, 1954. On the 9th July, 1954, this order reverting him to the substantive post of the Inspector of Calcutta Police was made.;