( 1 ) THIS is an appeal by the petitioner against the judgment and order dated April 5, 1968 passed by Durga Das Basu J. in Civil Rule No. 1938 (W) of 1966 discharging the Rule obtained by the petitioner. The facts relevant for our purpose are as follows:

( 2 ) THE petitioner was initially a Sub-Inspector of Police appointed in 1937. He was sent on deputation to the Special Police Establishment, Government of India, sometime in 1947. He worked there for sometime as Sub-Inspector and even as Officiating Inspector upto 20th October 1951. He was thereafter reverted to West Bengal Police in his substantive rank of Sub Inspector of Police a year thereafter and had been officiating as Inspector of Police from December 4, 1952. The petitioner's case was considered for confirmation in the post of Inspector in the conference of Inspector General of Police with Deputy Inspector General of Police according to the respondents and the petitioner's work was never found satisfactory and as a result he was never enlisted in the State approved list for his confirmation.

( 3 ) BY a notification dated August 3, 1959, gazetted status was conferred on Inspectors of Police of West Bengal. It further ap

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