BIRENDIRA CHANDRA GHOSH Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-1984-11-37
HIGH COURT OF CALCUTTA
Decided on November 09,1984

Birendira Chandra Ghosh Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

Bankim Chandra Roy, J. - (1.) The petitioner has assailed in this Writ petition the order of transfer made by the Respondent No. 3 Special Inspector General of Police (Headqarters) transfering him from the post of Inspector Incharge of Malipanchghora Police Station in the District of Howrah to the post of Inspector. Intelligence Branch, West Bengal as malafide and arbitrary being made at the behest of the Superintendent of Police, Howrah Sri Sultan Singh, Respondent No. 5, in order to get rid of him and the impugned order is void sad inoperative being made for collateral and extraneous considerations.
(2.) The petitioner who was initially recruited and appointed as Sub-Inspector of police in 1960 was confirmed and he was subsequently promoted to the post of inspector of police in December 1970. In 1977 the petitioner was confirmed in the post of Inspector of Police anti he was posted as Inspector, District .Intelligence Branch, Nadia. In consideration of his meritorious service the petitioner was thereafter posted as Inspector, District Intelligence Branch, 24 Parganas on and from November 29, 1978. On his representation he was posted as Inspector of police, Mahisadal in the District of Midnapore and joined the said post on April 3, 1980. On February 16, 1983 in terms of order dated January 3, 1983 the petitioner joined as Inspector-In-charge Malipanchghora Police Station. A copy of the said order has been annexed as Annexure "C" to the petition. The petitioner, it has been stated, has rendered efficient service in the police department and in appreciation of his scintillating service he was awarded a number of rewards and commendations as mentioned below : (a) money rewards-29 occasions. (b) commendation-28 occasions. (c) good service mark-17 occasions. (d) good mark-two occasions,
(3.) It has been stated in the petition that the petitioner for his brilliant performance even at the time of his training was awarded Inspector General of Police Medal for his meritorious performance. The petitioner did not however get any punishment in his service career. During his work as Inspector-In-charge of Malipancbghora Police Station, he had successfully recovered large amount of arms and ammunitions and arrested several hardened criminals, antisocials of the area against whom criminal cases have been lodged. A list of those cases have been mentioned in the petition. It has been farther stated that on October 31, 1983 the petitioner along with some police personae rounded up some notorious criminals viz., late Bapi Chatterjee, Naushed, Paritosh and their associates and there was a free exchange of gun shots and burling of bombs by the criminals causing severe injuries to four police officers. The said three notorious criminals were gundsd down and some of their associates were arrested. In this way the criminal activities of the goondas and criminals within the Malipanchghora police station were greatly reduced and restricted. The petitioner and other officers who participated in the successful raid against the notorious criminals on October 31, 1983 were congratulated by originator dated October 31, 1983 issued by the Respondent No, 3, Special Inspector General of police. Head quarters, West Bengal and they were asked to keep up the tempo and pressure against the criminals and anti social elements. A copy of the message has been annexed as annexure "D" to the petition.;


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