H D KOLKAR Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner who became a Head Constable after his allotment to the new State of Mysore, started service as a Police constable in the State of Bombay in the year 1935. A disciplinary proceeding against him was commenced in the new State of Mysore in the year 1962. The charge against him was that he was found missing from his post between 11-30 p.m. on March 21st, 1962 and 3-30 p.m. on the next day. The Assistant Superintendent of Police who conducted the enquiry submitted his report to the concerned Superintendent of Police who accepted it. The Superintendent of Police found the petitioner guilty of the charge, and demoted him as police constable. The appeal preferred by the petitioner to the Deputy Inspector General Police was dismissed and thereafter the petitioner invited trouble by presentation of revision petition to the State Government under rule 17 of the Bombay Police (Punishment and Appeal) Rules, 1956. When that revision petition was presented, Government asked him to show cause against the enhancement of the punishment imposed by the Superintendent of Police, and after hearing the petitioner, the punishment was enhanced to a punishment of dismissal.

(2.) In this writ petition, Mr. Datar made two submission for the petitioner. The first was that the disciplinary proceeding was not conducted in accordance with laws, and the second was that the enhancement of the punishment was beyond the competence of Government.

(3.) In support of the first submission, more than one argument was advanced. It was first contended that the enquiring authority refused to supply the petitioner copies of the statements of witnesses recorded during the preliminary enquiry to which the chargesheet, a copy of which was served on the petitioner, referred. It was next contended that not all the three documents to which the chargesheet referred as the basis of the disciplinary proceeding, were supplied to the petitioner.