COMMISSIONER OF POLICE Vs. SUKHBIR SINGH

JUDGEMENT

(1.) Rule 11 of the Delhi Police (Punishment & Appeal) Rules, 1980 reads as under:-

(2.) No argument being advanced whether the word "shall" occurring in the phrase "provided that no such order shall be passed till such time the result of the first appeal that may have been filed by such police officer is known" should be read as mandatory or directory i.e. "may", and on the premise that the word "shall" was to be read as mandatory, in the decision reported as Commissioner of Police vs. Brij Pal Singh, 2008 155 DLT 115 a Division Bench of this Court held that pending decision of the appeal against an order of conviction a police personnel governed by the Delhi Police (Punishment & Appeal) Rules, 1980 could not be proceeded against in exercise of the power conferred by Rule 11 of the Delhi Police (Punishment & Appeal) Rules, 1980.

(3.) Vide order dated July 15, 2013 passed in WP(C) 1956/2013, noting that in Brij Pal's case the majority view of the Constitution Bench decision reported as Union of India vs. Tulsi Ram Patel, 1985 AIR(SC) 1416 was not noted, a reference was made to a Full Bench. The order of reference dated July 15, 2013 reads as under:-