L NARASIMHIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in this writ petition under Art.226 of the Constitution, has sought for quashing the order passed by the 3rd respondent at Ext.'F' removing him from service under S.23(1) (b) (3) of Karnataka Police Act, 1963 (to be hereinafter called the 'Act') and the order passed by the 2nd respondent at Ext.'G' rejecting the appeal filed by the petitioner against the order passed by the 3rd respondent. Further, he has sought for quashing the order passed by the 1st respondent rejecting the revision filed by the petitioner as per Exhibit 'H'.

(2.) In the disciplinary enquiry held against the petitioner by the 4th respondent the charge against the petitioner is as follows :

(3.) This enquiry is based upon a complaint dt. 3-7-1973 marked at Ext.'A' given by Susheelamma and Ratnamma, wherein Ratnamma the complainant alleged that the petitioner went to their house on 2-7-73 at 1 a.m. or 1-30 a.m. in Uniform and beat her mother and herself and committed theft of a trunk which contained articles worth of Rs. 2,000. When the preliminary enquiry was entrusted to the Circle Inspector of Police P.R.Rajaputh, he secured Ratnamma and recorded her statement in which she has alleged that herself and Susheelamma were beaten near the Unity Buldgs at 3 p.m. on 3-7-74. The case for the department is that Ratnamma is the daughter of Susheelamma. She was brought up by her grand-mother from her childhood, as Susheelamma was discarded by her father. When she reached the marriageable age, her mother Susheelamma requested one Muniyallappa a police constable to find out a bride-groom in the police department. Muniyallappa, brought the petitioner as a bride-groom who is of the Barber Community. He was not approved. She was married to another person in Madivala.