S HANUMANTHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition the petitioner who was Police Constable in the City Armed Reserve Police has prayed for quashing the order of Deputy Commissioner of Police, City Armed Reserve Police, imposing the penalty of dismissal from service,, which o,rder has been confirmed in appeal by the Commissioner of Police.

(2.) A disciplinary proceeding was instituted against the petitioner on the ground of unauthorised absence. The unauthorised absence was from 6-5-1978 for a period of one month. On 6-6-1978 an order was made declaring the petitioner as deserter. In the enquiry, the Deputy Commissioner of Police imposed the extreme penalty of dismissal from service against him. The Commissioner of Police dismissed the appeal preferred by the petitioner and did not even consider that it was a fit case in which at least regarding the quantum of punishment interference was called for by him. Thereafter, the petitioner presented a revision petition to the Government under S.25 of the Karnataka Police Act, 1963. The revision petition was dismissed on the ground that it was barred by limitation.

(3.) Aggrieved by these orders, the petitioner has presented this writ petition. As it appeared to me, that the order of the Government dismissing the revision petition on the ground that it was barred by time, was patently erroneous, I directed the Government Advocate to take notice and to satisfy me that any period of limitation was fixed under the Act or under the Rules framed thereunder for preferring a revision petition under S. 25 of the Act. Accordingly Sri B B. Mandappa, learned High Court Government Pleader, appeared for the respondents. By consent of both the counsels the petition is taken up for final hearing.