Period of Suspension

Departmental enquiries are mainly based on violation of departmental rules and proceedings observing the priniciples of natural justice. The gravity of offence plays very important role in withdrawing the suspension order. The WBSR Part 1 is not applicable on the police personnel of subordinate rank in view of the explanation given below the rule 2. Orders governing the conditions of services are issued from Home (Police) Department.However, such long suspension does not hold good in the eyes of the law. What are the findings of the E.O in this case? Has he found him guilty? Pursuant to the findings if the penalty is imposed then the police man would get nothing more what he has already taken as S.A. However, he may file Appeal with his Appellate Authority and if he is not satisfied then may move to SAT. There is a G.O of 1967 that any proceeeding continuing beyond a period of 5 months where the witnesses are local and 7 months where the witnesses are from other cities is malafide if the Charged officer has not adopted any dilly dallying tactics. For ruling on the above subject the case of State of W.B Vs Tapan Kumar Saha (Calcutta High Court) may be studied in which the Division Bench of Calcutta High Court had declared the proceeding against Sergeant Tapan Kumar Saha as illegal and malafide. Apex Court also stood by the decision of the High Court.

The appointments in the subordinate ranks of police forces are made under Police Act 1861 and in Kolkata Police under Calcutta Police Act 1866. please read the WBSR Part 1 Rule 2 explanation where it is written that WBSR Part 1 and not Part II ia not applicable upon the subordinate staff of police forces of WBP or KP. The governing regulations are PRC 1968 Part1 for KP and PRB 1943 for WBP. He should have asked the SPIO as to which of the regulations or Manuals are applicable upon his rank or upon the ranks of wireless branch people. If he is appointed as a police staff and due to his expertise is posted in wireless branch on opting out serve as a wireless operator then I am afraid PRB 1943 will not be applicable because the conditions of services of both the jobs are different. West Bengal Government Servants conduct Rules 1959 are only applicable on Police and jail staff. The rules for rest of the employees have been repealed in 1980 by another rule known as WBS(DR&O)Rules 1980.Please inform me that he is a police staff or a non police staff. merely working in police department does not make a person a police officer. To become a police officer a certificate under section 8 is issued under Police Act 1861. There are ministreal staff, scavangers, Group D staff etc. My main question is what is his status? Is he a police staff or non police staff? If a non police member then the entire proceeding is vitiated because it had been drawn under WBGSC Rules 1959 which is not applicable upon him. This is violation of the principles of natural justice. It should be challenged before the appropriate forum but before that he will have to know the rules as to under which rule he had opted to work as wireless operator and what is his basic pay and grade pay and with which rank of police his service is at par in the matter of salary and allowances.

Dear,
I like to inform you that, the present problem is only with the State Police Telecom personnel, not for Kolkata Police Personnel.
I like to confirm you that Government has already passed the order to delete the status of the Wireless Staffs as Police person in a govt order dated 12-10-2010. By which it has been deleted the Police status conferred to the Wireless staffs in a GO of 1960. The point to be noted that the Wireless staffs are never been under the control of Police Regulations of Bengal, 1943. There are none approved Rules regarding Recruitment, Lateral entry from the General Police Force, Promotion, Transfer policy. In reply to a RTI application it has been replied from the authority as they have no such information available with them. But they are only appointed under Police Act, 1853.
In the GO of 1960 the three ranks of Telecom WB equated with the three ranks of General Police Force, e.g. Wireless (Telecom) Inspectors ~ Inspector of Police; Supervisor (Grade I & II) ~ Sub Inspector of Police and Wireless Operators ~ Assistant Sub Inspectors of Police.
But Supervisor (I) is a promotional post from the Rank of Supervisor (II), where as, there is no separate promotional post present in the rank of Sub-Inspectors of Police.

I think I have not informed you that, the person have been charged with 11 numbers of charges out of which 3 of them are of Rule 951, 108, 888, 889 of Police Regulation of Bengal, 1943, and Rule 21 of West Bengal Service Conduct Rules, 1959 other 8 having no rules referred. The main grievance of the department is of that the person was hammering the Telecommunication, West Bengal; West Bengal Police Directorate; Home Department as well as to Governor of West Bengal through the RTI Applications.
I am providing you the relevant Government Orders (scanned copy) for your reference. In all the papers it is clearly proved that the Wireless staffs are not at per or equal to the General Police staff even there is no clear cut evidence which can prove that the wireless employees are even police.
On the basis of these papers the person filed several RTI applications but PIOs are avoiding information.