# Calcutta Police Constable v. Commissioner of Police and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-1964-0005](https://datalibertarian.in/babuwatch/incident/CW-1964-0005)

## Report card

By judgment dated 4 December 1964 in Matter No. 463 of 1963, the Calcutta High Court (Coram: Banerjee, J.) upheld the disciplinary action taken against the Constable, Calcutta Police.

- Register number: WB 01 CW 0001
- Case reference: Matter No. 463 of 1963 / AIR 1967 Cal 381
- Court and date: Calcutta High Court (Coram: Banerjee, J.), 4 December 1964
- Officer(s) at the material time: Constable, Calcutta Police
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 9-B(2) of the Calcutta Police Act, 1898; Article 226 of the Constitution of India
- Finding of the Court (extract): “Further apart from the admission, evidence was led to prove the charges against the petitioner. That evidence appealed to the disciplinary authority. Therefore, even though the admission, said to have been made by the petitioner, was treated as supporting the …” (at para 7)
- Verdict, sentence and quantum: Disciplinary action upheld. Sentence: dismissal.
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/1218131/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-1964-0005)

**Record:** CW-1964-0005 (compiler id CWC-1149); case GAP3-28-002
**Title:** Calcutta Police Constable v. Commissioner of Police and Others
**Court:** Calcutta High Court; judges: Banerjee
**Case number / citation:** Matter No. 463 of 1963 / AIR 1967 Cal 381
**Judgment:** 1964-12-04 (1964, day precision)
**Incident date:** 1962-03-02 (1962)
**Place:** Kolkata, West Bengal (district at time: Calcutta); city town: Kolkata; police station or unit: Calcutta Police; force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** Calcutta Police Act 1898 s.9-B(2); Constitution Art. 226
**Officers (gated display forms):** Constable, Calcutta Police (1 in record)
**Victims:** Kolkata man (1 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The judgment of the Calcutta High Court records the following account. Constable was charged with wrongfully detaining a bullion merchant's guard on 2 March 1962, seizing a 234-tola gold bar without authority and without reporting it, and misappropriating 134 tolas of it. The departmental enquiry found the detention/seizure and misappropriation charges proved, and the Deputy Commissioner dismissed him on 14 March 1963, affirmed by the Commissioner of Police in appeal. The court rejected challenges based on the dismissing authority's competence under section 9-B(2) of the Calcutta Police Act, natural justice, identity of the guard, and reliance on admissions. It held there was no substance in the Rule and discharged it, upholding the dismissal. Matters not addressed in the cited judgment text are not recorded here.

> Further apart from the admission, evidence was led to prove the charges against the petitioner. That evidence appealed to the disciplinary authority. Therefore, even though the admission, said to have been made by the petitioner, was treated as supporting the evidence against the petitioner that does not vitiate the proceeding.

**Sources (2):** [indiankanoon.org](https://indiankanoon.org/doc/1218131/); [sooperkanoon.com](https://sooperkanoon.com/case/862955/ram-subhak-ojha-vs-commissioner-police)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** corruption
**admin subcategory:** other
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 7
**display title redacted:** Calcutta Police Constable v. Commissioner of Police and Others
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '1964-12-04', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Calcutta High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Calcutta High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': 'AIR 1967 Cal 381', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/1218131/', 'link_checked': None}; {'url': 'https://sooperkanoon.com/case/862955/ram-subhak-ojha-vs-commissioner-police', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Calcutta HC discharged the Rule; dismissal of Calcutta Police constable for wrongful detention, unauthorised gold seizure and misappropriation upheld.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-1964-0005](https://datalibertarian.in/babuwatch/incident/CW-1964-0005)