- (1.) In this appeal, the appellant has challenged the propriety of the judgment of a learned single Judge discharging the Rule obtained by the appellant on his application under Article 226 of the Constitution.
(2.) The appellant is a member of the Indian Police Service. At the relevant time, he was the Deputy Inspector General of Police, Training. West Bengal at the Police Training College, Barrackpore. He was served with an order dated April 16, 1975 of the President of India passed by him in exercise of his power under rule 16(3) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 retiring the appellant, who had attained the age of 50 years, in the public interest, on the expiry of three months from the date of service of the order. The appellant, being aggrieved by the said order of compulsory retirement, moved a writ petition before this Court and obtained a Rule Nisi.
(3.) The appellant was promoted to officiate in the selection grade of Indian Police Service with effect from January 1, 1968. He was promoted to the rank of D.I.G. of Police and was posted at Jalpaiguri Range on August 19, 1969. In 1971 he was posted as D.I.G., Armed Police, Barrackpore. While he was in that post, he was served with a chargesheet by the then Chief Secretary, State of West Bengal, consisting of three charges. The said three charges are as follows: Article of Charge-I That the said Shri T. K. Das while functioning as D.I.G., Jalpaiguri Range on 23.10.69 used his official influence for getting two first class lower births against two Police Duty cards for the down Darjeeling Mail from New Jalpaiguri Rly. Station to Khejuriaghat Railway station and allowed those births reserved against Police Duty cards for his family members who were holding second class tickets and this was unbecoming of class I Police Officer of All India Service. Article of Charge-II That the said Officer on the aforesaid date and while functioning in the aforesaid office, used Government vehicle bearing No. WBE-8360 from Jalpaiguri to New Jalpaiguri Railway Station and back for private purpose, viz., carrying his family members to the Railway Station from his bunglow without paying charges and this too was unbecoming of a senior Police Officer like Shri T. K. Das. Article of Charge-III That the aforesaid Shri T. K. Das while functioning in the aforesaid office on 23rd October, 1969, arranged to depute sergeant Shri Haripada ghosh to travel by the Darjeeling Mail from New Jalpaiguri Railway Station to Khejuriaghat Rly. Station to guard and look after his family who were traveling by the same train and thereby employed a public servant for his personal work which was unbecoming of a senior Police Officer like him.;