Amiya Kumar Mookerji, J. - (1.) This Rule is directed against an order of compulsory retirement of the petitioner dated 25th of October, 1976 passed by the Inspector General of Police under Rule 75 (aa) of the West Bengal Service Rules, Part-I.
(2.) Petitioner joined as a Sub-Inspector of Police in the month of January, 1944. Thereafter, he was promoted to the post of Inspector of Police in May, 1959 and subsequently, confirmed in December, 1964. For an incident which took place in February, 1973, when some Naxalites broke open the door of a Gun Dealer's shop at Raigunj and looted arms and ammunition's, the petitioner was suspended from service on the ground that he failed to exercise supervision over his subordinates. Against the said order of suspension, he moved this Court on 11th of March, 1974 and obtained a Rule (1610 (w) of 1974) and also an interim order. The said Rule is now pending in this Court. Pursuant to the interim order, the petitioner was released from suspension and posted as Senior Adjutant, Home Guards, Baiurghat, West Dinajpur. Towards the latter part of 1973, the petitioner was served with a copy of an adverse entry in the Annual Confidential Report for the year ending 1972 wherein the following remarks were recorded:- "An inefficient Circle Inspector. He could not get work from the Officers working under him. Position of pending cases in his Circle is simply alarming. Does lot of touring but it seems without any effect. He should work hard to go further up in future."
(3.) Towards the middle of 1974, he was served with a copy of another adverse entry in his Annual Confidential Report for the year ending 31st March, 1973 wherein the following remarks were recorded:- "Worked as CI Raigunj where his performance was most unsatisfactory. Had no attachment for the post, but was always keen to get out of the Circle and posted in Howrah District. His control over his subordinates was ineffective. He was found very inactive and lacking initiative. His supervision over crime control and law. and order maintenance was very bad- During arms looting which took place in Raigunj town area in February, 1973, he was found utterly irresponsible. He came to know about the incident much latter on. This particular case showed very poor supervision on his part".;