C S KRISHNAMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, a former Sub Inspector of Police has questioned the legality of the joint disciplinary proceedings instituted against him in which originally, punishment of reduction to the rank of Asst. Sub-Inspector of Police for a period of 5 years was imposed, and, which has been subsequently modified in appeal to a period of 1 year and in revision to one of reduction by one increment in the rank of Sub-Inspector of Police for a period of 1 year.

(2.) The facts of the case, in brief, are as follows : A Departmental inquiry was instituted against the petitioner who was a Sub-Inspector of Police and another, a head constable, by an order made by the Supdt. of Police, KGF, The Dy. Supdt. of Police was appointed as the Enquiring Authority. On the basis of the inquiry report, in which the petitioner was found guilty, the Dy.IGP by his order dt. 24 12 1975 (Ex. 'B') confirmed the finding on the charges and imposed the punishment of reduction to the rank of Asst, Sub-Inspector of Police for a period of 5 years. The petitioner preferred an appeal to the IGP. The Appellate Authority by its order dt. 22 6-1976 (Ex. 'C') modified the punishment of reduction to the rank of Asst. Sub-Inspector of Police for a period of I year. The petitioner preferred revision petition before the Government. The Government, in revision modified the punishment and imposed penalty of reduction by one increment in the rank of Sub Inspector of Police for a period of 1 year, without affecting his further increments.

(3.) Various contentions are raised in the petition. One of them is that the Superintendent of Police had no authority to institute joint inquiry against the petitioner and another Head Constable in view of R. 8 of the Karnataka State Police (Disciplinary Proceedings) Rules, 1965.