- (1.) This application under Article 226 of the Constitution is directed against an order of reversion from the post of Assistant Commissioner of Police to that of Inspector of Police, made by the Government of West Bengal on 9.7.1954 and later notified in the Calcutta Police Gazette on 19.7.1954. The petitioner's case, in short is that he entered into service as a Sub-Inspector in the Calcutta Police Force on 10.11.1955 and promoted to the rank of Inspector of Police on (sic) 939 to which rank he was confirmed on 3.5.1943. Having secured numerous rewards on account of a successful service career, the petitioner was selected by a Selection Board to officiate as Assistant Commissioner of Police and placed on the list of Inspectors fit for promotion to the rank of Assistant Commissioner and was eventually appointed Assistant Commissioner of Police on 7.5.1948. The petitioner passed the Departmental Examination in higher standard and the result was declared by the Public Service Commission in May 1949 and published in the Calcutta Police Gazette on 22.6.1949. On 8.2.52 the petitioner's name was included by a Selection Board in the list of officers fit for confirmation in the rank of Assistant Commissioner of Police. On 30.1.1954 the petitioner was appointed to act as Deputy Superintendent of Police, Enforcement Branch, Midnapore and the petitioner joined the same post on 10.2.1954.
(2.) On 24.7.1954 the petitioner was informed by a letter that he had been reverted to his substantive post of Inspector of Police with effect from 9.7.1954 on the ground that he was unsuitable for promotion to the post of Assistant Commissioner even on an officiating basis. His name was also struck off from the list of Inspector fit for promotion to the rank of Assistant Commissioner. The petitioner challenges the above order on the following grounds: (a) The petitioner's reversion amounts to a reduction in rank because it amounted to a penalty so as to affect his future rights. Such order, accordingly, was invalid for a contravention of Article 311(2) of the Constitution, as no opportunity to show cause was given to the petitioner before making the order. (b) The impugned order is without jurisdiction as it was made by the Chief Secretary and Home Secretary and not by the State of West Bengal. (c) The impugned order is mala fide. (d) The petitioner having been transferred to the West Bengal Police by the appointment as Deputy Superintendent of Police on 30.1.1954 the impugned order of reversion from the post of Assistant Commissioner to that of Inspector of Police has not affected his appointment and status as Deputy Superintendent of Police in the West Bengal Cadre and is without Jurisdiction and invalid.
(3.) The respondents impleaded by the petitioner are: (a) The Government of West Bengal (Respondent 7). (b) Secretary, Home, Government of West Bengal (Respondent 1). (c) Under Secy. Home, Government of West Bengal (Respondent 2). (d) Commissioner of Police, Calcutta (Respondent 3) (e) Inspector General of Police, West Bengal (Respondent 4). (f) Deputy and Assistant Inspector-Generals of Police, West Bengal.;