- (1.) THE petitioner moved this writ application challenging the validity of the Charge-sheet No. 16 dated 15th August, 1987 which is Annexure 'l' to the writ petition.
(2.) THE facts of this case are as follows : -The petitioner while serving as Inspector, Food and Supplies department, Government of West Bengal, was arrested by the Police in connection with an investigation started against him by the Police-in respect of an offence under Section 161 I. P. C. /5 (ii) of the prevention of Corruption Act read with Section 12 ( (B of the Indian Penal Code. The said Criminal Case refers to Memari Police Station Case No. 9 dated 10th January, 1983. Immediately after the arrest of the petitioner, by the order dated 13th January, 1983 this petitioner was placed under suspension from service by the Director, [district Distribution, procurement and Supply and the Appointing Authority under rule 7 (3) of the west Bengal Services (Classification, Control and Appeal) Rules, 1971 on the ground that the petitioner was ini Police custody tor a period exceeding 48 hours.
(3.) IN the First Information Report which was lodged in this behalf the allegation against the petitioner was : (a) That Shri K. Roychowdhury, D. S. P. , D. E. B. , Burdwan received certain information that the petitioners were not allotting food-grains without illegal gratification and thereupon, the police arranged to lay a trap and Rs. 90/- of different denominations notes were marked and signed by the Deputy Magistrate for offering, to the petitioners for obtaining allotment of foodgrains/sugar and thereafter, some MR dealers were given the said money for offering to the petitioners. (b) Thereafter, the informant DSP and his party proceeded to the said Food and Supply Office at Mernari Block-I for watch and detection from outside and found the petitioners and two other accused persons were making allotment of foodgrains to the MB Dealers. The said two other accused persons are Sunil Kumar Bose and Balai Chandra laha; both were employed a Sub-In specters at the Memari Block-1. (c) Thereafter, the police rushed into the room 01 the said office and detained the petitioners and other accused persons. (d) Thereafter, a search was made and from the Drawer of a table in the said room the police party allegedly recovered the said sum of Rs. 90/- and other sum of Rs. 618. 45 p. The police also seized some other things including Return Forms in respect of MR Dealers etc. ;