STATE OF PUNJAB Vs. CHARAN SINGH

JUDGEMENT

(1.) The respondent was convicted by the learned Special Judge, Ludhiana, of an offence under Sec. 5 (1) (d) read with Sec. 5 (2) of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for a period of one year and to pay fine of rupees one hundred. On appeal, a learned single Judge of the High Court acquitted the respondent on the ground that there was non-compliance with the provisions of Rule 16.38 of the Punjab Police Rules, 1934. An application for the grant of a Certificate under Art. 134 (1) (c) of the Constitution was moved before the learned single Judge and was granted. The learned single Judge observed that when the case was argued before him, an earlier judgment of a Division Bench of the Punjab High Court in Hoshiar Singh v. The State, (1965) 67 Pun LR 438 at page No. 442 was not brought to his notice and that had the decision been brought to his notice he would not have allowed the appeal merely on the ground that there was no compliance with Rule 16.38 of the Punjab Police Rules.

(2.) The learned single Judge of the High Court was clearly wrong in acquitting the respondent on the ground that there was non-compliance with the provisions of Rule 16.38. A perusal of Chapter XVI of the Punjab Police Rules shows that the provisions of the Chapter deal with Departmental punishments and the procedure to be followed in imposing such punishments. Guidance is given as to how Police Officers guilty of misconduct and criminal offences may be dealt with. The Chapter begins with Rule 16.1, the first clause of which is as follows:

(3.) We have, therefore, no option but to set aside the order of acquittal passed by the High Court and remand the matter to the High Court for fresh disposal in accordance