M G SIRSIKAR Vs. STATE OF MYSORERESENTED

JUDGEMENT

(1.) There was a police firing on June 7, 1958 in Bhatkal in the District of North Kanara. The petitioner before us was then the Extra Aval Karkun and Executive Taluka Magistrate, and, he gave the order for firing. In consequence, disciplinary proceedings were started against him in which he faced as many as seven charges. The accusation against him was that, without acquainting himself with the true position, he gave an irresponsible order to fire.

(2.) In consequence, on July 12, 1958 he was placed under suspension and the suspension was however terminated by an order made by the Government on August 17, 1959, during the pendency of the disciplinary proceedings. The disciplinary proceedings came to an end on June 15, 1962 when Government made an order completely exonerating the petitioner in respect of all the charges which had been brought against him. The relevant part of the order of exoneration reads:-

(3.) Mr. Ullal, in our opinion, is right in making the observation that the three officers in respect of whom there was an order of exoneration, received commendation at the hands of Government for the prompt and adequate steps taken by them for preventing what might have proved much more unfortunate.