Salil Kumar Datta, J. - (1.) In this Rule the petitioner, a Police Officer in Calcutta Police, challenges a disciplinary proceeding initiated by the Commissioner of Police against him as also the proposal of his dismissal as being vitiated by bias.
(2.) The petitioner's case is that he joined the Calcutta Police organisation in 1950, and was promoted to the post of Inspector in 1967. He performed duties as the Officer-in-Charge of Jorabagan, Cossipore and Entally Police Stations with credit in difficult times and received several awards for meritorious service. In 1968 on certain complaints of corruption against him, an investigation was made by the Vigilance Commission. The enquiry related to the petitioner's assets acquired during the course of his service and was conducted for the period from August 17, 1970 to February 22, 1973. During investigation the petitioner as also his wife, also a police Officer at the material time, and his father-in-law appeared before the Inspector of the Vigilance Commission and made statements which were duly recorded.
(3.) Long after the enquiry, the petitioner received a charge sheet dated December 11, 1973 with, a statement of allegations in support of the charges issued by the Commissioner of Police. The charges related (1) to the acquisition of bank balance of Rs. 1200/- unexplained and thus disproportionate to the petitioner's known source of income; (2) acquisition of bank balance of Rs. 4001/- disproportionate to the petitioner's known source of income ; (3) acquisition of agricultural lands, one plot in Behala and 3 plots in Murshidabad in the name of his wife without sanction of the appointing authority and (4) acceptance of cash gift of Rs. 1200/- in the name of the petitioner's wife from his father-in-law without prior sanction ; charges (3) and (4) being in violation Rules 15(2) and 10 of the West Bengal Government Servants' Conduct Rules, 1959. The petitioner was asked to put in his defence, under Clause (2) of Article 311 and Rule 9 of Schedule II of the Calcutta Suburban Police (Subordinate Rank, Recruitment Conditions of Service and Discipline) Rules, 1962, to Mr. R. Banerjee, West Bengal Higher Judicial Service, Commissioner for Departmental Enquiries, Vigilance Commission, who had been appointed the Enquiring Officer to hold the enquiry into the aforesaid charges. The petitioner was offered inspection with right to take copies of documents specified in the statement of allegations.;