- (1.) Mrinal Kanti Das Burman, the Petitioner in C.R. No. 5354 (W) of 1970, had joined as a Sub-Inspector of Calcutta Police Force in June, 1960. He was subsequently confirmed in the said post. In March, 1963, he was promoted to the rank of Inspector. In March, 1970, he was attached to the Home Guard Organisation. He had been allotted duties in the Information Room of Lalbazar Police Head Quarters. He was on leave from October 28, 1970. On November 1, 1970, the Deputy Commissioner of Police, Home Guard, Calcutta, served upon him the following order No. 1450 GAC, dated October 31, 1970: GOVERNMENT OF WEST BENGAL HOME DEPARTMENT GENERAL ADMINISTRATION ORDER No. 1450 GAC Calcutta, the 31st Oct. 1970 Whereas you Shri Mrinal Kanti Das Barman, Inspector, Calcutta Police, now attached to the Home Guard Organisation, hold your office during the pleasure of the Governor: AND WHEREAS the Governor is satisfied that you are entirely unsuitable for retention in service; AND WHEREAS the Governor is satisfied that in the interest of the security of the State, it is not expedient to hold an enquiry into the charges against you under Clause (2) of Article 311 of the Constitution of India; Now THEREFORE, the Governor is pleased to dismiss you from service with immediate effect. BY ORDER OF THE GOVERNOR SECY, TO THE GOVR. OF WEST BENGAL. The Petitioner Mrinal Kanti Das Burman has obtained the present Rule challenging the aforesaid order dismissing him from service.
(2.) Lalana Bhusan Sarkar, the Petitioner in C.R. No. 2108 (W) of 1971, originally joined as a constable in the Bengal Police Force. He was first promoted to the rank of Assistant Sub-Inspector of Police, thereafter to the rank of Sub-Inspector. He was confirmed in the said post on January 1, 1968. On June 7, 1971, he was served with order No. 173 PLS, dated June 2, 1971, issued by the Secretary, Government of West Bengal, Home Department, stating that he was unsuitable for service. The Governor was satisfied that in the interest of the security of State it wais not expedient to hold any enquiry into the charges against him under Clause (2) of Article 311 of the Constitution. Therefore, the Governor had been pleased to dismiss him from service with immediate effect. The Petitioner in C.R. No. 2108 (W) of 1971 has challenged this order.
(3.) It may be pointed out that on March 19, 1970, the President of India in exercise of the powers conferred by Article 356 of the Constitution had issued a Proclamation, inter alia, stating that he was satisfied that a situation had arisen in West Bengal in which the Government of State could not be carried on in accordance with the provisions of the Constitution of India. The President has assumed to himself, as the President of India, all functions of the Government of the State and all powers vested in or exercisable by the Governor of that State. He declared that the power of Legislature of the said State should be exercisable by or under the authority of Parliament. The President also made certain incidental and consequential provisions for giving effect to the said Proclamation. On the same date, the President issued another order directing that all functions of the Government of the State of West Bengal and all the powers vested in or exercisable by the Governor of that State under the Constitution or under any law in force, in that State, would subject to the superintendence, direction and control of the President of India be exercisable also by the Governor of the said State.;