The judgment of the Court was as follows ;

Mookerjee J.-Mrinal Kanti Das Burman, the petitioner in CR No.5354 (w) of 1970, had joined as a Sub-Inspector of Calcutta Police Force in June, 1960. He was subsequently confirmed in the said post. In March 1963, he was promoted to the rank of Inspector. In March 1970 he was attached to the Home Guard Organisation. He had been allotted duties in the Information Room of Lal Bazar Police Head Quarters. He was on leave from October 28, 1970. On November 1, 1970 the Deputy Commissioner of Police, Home Guard, Calcutta served upon him the following order No. 1450 GAC dated October 31, 1970.

Government of West Bengal.

Home Department, General Administration.

ORDER

No. 1450-GAC Calcutta, the 31st Oct. 1970

Whereas you Sri Mrinal Kanti Das Burman, Inspector, Calcutta Police now attached to the Home Guard Organisation hold your office during the pleasure of the Governor,

And whereas the Governor is satisfied that you are entirely unsuitable for retention in service,

And whereas the Governor is satisfied that in the interest of the security of the State, it is not expedient to hold an enquiry into the charges against you under clause (2) of Article 3