RAM DAS PANDEY Vs. STATE OF WEST BENGAL
LAWS(CAL)-1976-8-44
HIGH COURT OF CALCUTTA
Decided on August 23,1976

RAM DAS PANDEY Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

PRAKASH V. OIL & NATURAL GAS COMMISSION [REFERRED TO]
JOINT SECRETARY TO THE MINISTRY OF HOME AFFAIRS V. B.N. CHATTERJEE [REFERRED TO]
UNION OF INDIA VS. COLLECTOR J N SINHA [REFERRED TO]
R L BUTAIL VS. UNION OF INDIA [REFERRED TO]
KEDAR NATH BAHL VS. STATE OF PUNJAB [REFERRED TO]
SENIOR SUPERINTENDENT R M S COCHIN VS. K V GOPINATH SORTER [REFERRED TO]
DHARAMDEO SINGH VS. STATE OF BIHAR [REFERRED TO]


JUDGEMENT

Bimal Chandra Basak, J. - (1.)In this application under Art. 226 of the Constitution of India the petitioner is praying for appropriate writs directed against an order of compulsory retirement passed by the Government of West Bengal.
(2.)The facts of this case lie in a short compass. The petitioner joined the Calcutta Police on 7th May, 1947 as a Sub-Inspector of Police. He was promoted as Sergeant on 14th June, 1949. Thereafter he became Inspector of Police. According to the petitioner he got various rewards and recommendations from the authorities concerned during his service, details of which have been given in the petition. On 7th Oct., 1970 the petitioner became Assistant Commissioner of Police, Calcutta. In such capacity the petitioner was posted at different places. According to the petitioner he fell ill and had to be admitted in the Calcutta Police Hospital on the 22nd Oct., 1975 where he was treated. While in the said hospital, on the 30th Oct., 1975 at about 12.45 hours, he was served with the impugned order dated 10th Oct., 1975. This is the order which is challenged in this proceeding. As the case of the parties depends on this particular order, I set out the same:-
"Whereas you, Sri R. D. Pandey, Assistant Commissioner of Police Calcutta, entered Government service before attaining the age of 35 years;

And whereas you have already attained the age of 50 years.

And whereas the Governor, being the appointing authority in respect of your service under the Government, is of the opinion that it is in the public interest so to do;

Now, therefore, in exercise of the power conferred by Sub-Rule (aa) of Rule 75 of the West Bengal Service Rules, Part I the Governor retires you, Sri R, D. Pandey, from service under the Government with 3 months' pay and allowances in lieu of notice with effect from the first day of the month following the month in which this order is served upon you".

(3.)Mr. Somnath Chatterjee, learned Counsel appearing in support of the Rule, has made two-fold submissions before me.
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