KULKARNI V H Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioner, a Sub Inspector in the Police department of the State Government, has questioned the legality of a notice issued by the State Government asking him to show cause as to why a departmental inquiry should not be instituted against him on the charge of which he was already exonerated.

(2.) In the year 1973, the petitioner was working as Sub- Inspector in charge of Magadi Road Police Station in the City of Bangalore. On 16.11.1973 pursuant to a complaint lodged by one Meenamma alias Ronika about the theft of a gold chain, which her daughter was wearing, in which she suspected that a girl by name Margaret of having committed the offence, that girl was summoned to the Police station. Later she committed suicide. A departmental inquiry was instituted against the constables oh the charge that they had misbehaved' with and insulted the said Margaret , and that was the cause for her committing suicide. They were found guilty of the charge and were dismissed from service.

(3.) Government has examined the records of the enquiry and the circumstances of the incident in connection with the Enquiry and consider that a disciplinary proceeding is to be initiated against you for failure to exercise proper supervision over subordinates and to follow prescribed procedure.