STATE OF MYSORE Vs. H D KOLKAR

JUDGEMENT

(1.) The respondent in this appeal started service as a police constable in the State of Bombay in 1935. He became a head constable after he was allotted to the State of Mysore consequent on the reorganization of the State. In the year 1962, disciplinary proceedings were commenced against him. The charge was that he was found missing from his post between 11.30 P. M. on March 21, 1962 and 3.30 P.M. on the next day. The Superintendent of Police found him guilty of the charge and demoted him as a police constable.

(2.) The respondent preferred an appeal to the Deputy Inspector General of Police but that was dismissed. The respondent then filed a revision before the State Government under Rule 17 of the Bombay Police (Punishment and Appeal) Rules, 1956, hereinafter called the "Rules", The Government thereafter issued a show cause notice to the respondent stating why the punishment imposed upon him by the Superintendent of Police should not be enhanced. After hearing the respondent, the punishment was enhanced to one of dismissal by the Government.

(3.) The respondent filed a writ petition before the High Court of Mysore to quash the order. He raised two grounds in the writ petition:(1) that the disciplinary proceedings were not conducted in accordance with law; and (2) that the enhancement of punishment was beyond the competence of the Government as Rule 17 (2) of the Rules was ultra vires of S. 25 (2) (c) of the Bombay Police Act. 1951, hereinafter called the 'Act'.