STATE OF KERALA Vs. K MADHAVAN

JUDGEMENT

(1.) THIS appeal is against an order of Vaidialin-gam J. quashing the order of dismissal of a police constable by the Inspector General of Police, after an enquiry on his misconduct by the Circle Inspector of Police under whom he was then serving, which order has, on appeal, been confirmed by the Government after consultation with the Public Service Commission--the ground for quashing being that the Circle Inspector was incompetent to hold the enquiry that led to his dismissal. Counsel agree, that the authority to conduct a disciplinary enquiry regarding a Police Officer has to bo traced under Rule 8 of the Kerala Police departmental Enquiries', Punishment and Appeal Rules, 1958. The said Rule reads:

(2.) SUBJECT to the provisions of Sub-rule (i) such inquiry against members of the Service men. tioned in Column I below shall be conducted by the class of Officers noted in the column 2. Column 1 Column 2 constables and Head By Circle Inspectors and above constables sub Inspectors and By Assistant/deputy circle Inspectors Superintendent and above other Officers Immediate Superior in Office or other Superior Officer nominated by the Inspector general of Police or the government. Note.---Officers mentioned in columns I and 2 shall include Officers of corresponding ranks in Units like the Malabar Special Police, Special armed Police Battalion, District Armed Reserves, etc. , where different designations are also used.

(3.) IF an Officer conducting an oral inquiry is succeeded in Office by another Officer before the inquiry has been completed and the proceedings thereof have been drawn up in accordance with the provisions of Rule 6, the latter Officer shall continue and complete the proceedings: provided that (a) the latter Officer may, if he considers it necessary in the interest of justice, resummon and examine afresh any of the witnesses previously examined. When a witness is so recalled he can be examined, cross-examined and re-examined as the Inquiry Officer may permit. (b) The authority superior to the Inquiry Officer may, if deemed necessary in the interest. of convenience, or for other reasons, direct the continuance and completion of the inquiry or other proceedings by the former Officer himself". The Inspector General of Police is both the appointing Authority and the Head of the Department in this case. He has issued a circular on August I, 1958, which reads thus: