1. THIS appeal is directed against the judgment and order dated 21st January, 1971, passed by Sabyasachi Mukherji, J. quashing the order dated 27th November, 1970 appointing the respondent no. 3 as the Inspector General of police, West Bengal. The said order also directed the Union of India and the State of West Bengal to proceed to appoint the Inspector General of police, West Bengal, in accordance with law.

2. THE Union of India, one of the respondents In the proceeding under article 226 of the Constitution in the first Court has filed an appeal against the said judgment and order. The state of West Bengal and Prasad Kumar basu also have jointly filed a separate appeal challenging the said judgment and order of the learned Judge. We propose to dispose of both the appeals by one judgment.

On February 1, 1936, the petitioner was appointed to the service known as Indian Police by the Secretary of State for India. On February 26, 1938, the petitioner was confirmed in the said service. On October 21, 1946, the then Government of India constituted a service known as the Indian Police service. After serving in various capacities, the petitioner was confirmed in the senior scal