KISHANCHAND KORUMAL Vs. IMDADALI IGP GUJARAT

JUDGEMENT

(1.) These three Special Civil Applications filed under Articles 226 and 227 of the Constitution raise the some questions as to the scope of the revisional powers of the Inspector General of Police under the Bombay Police (Punishments and Appeals) Rules 1956 hereinafter referred to as the rules and as to the validity of these rules. We have therefore heard all these applications together and are disposing them of by this common judgment.

(2.) All the three petitioners were at the relevant time serving as head constables in the Kaira District. Disciplinary proceedings had been instituted against them. They were charge sheeted and after a proper inquiry and the show cause notice which had been issued they were punished by the order of the District Superintendent of Police at Kaira and were reverted to the post of a constable for the period stated in the orders passed against them for the misconduct proved against them in their respective charges. Against the said order the petitioner in the first petition Special Civil Application No. 824/62 had appealed to the Deputy Inspector General of Police Baroda who had confirmed the order of punishment and had dismissed the appeal. The other two petitioners in the other two Special Civil Applications Nos. 967/62 and 61/63 had not filed any appeal against the order of punishment inflicted by the District Superintendent of Police at Kaira. All the three petitioners had undergone the punishment inflicted by the orders passed against them and had been thereafter reinstated in their original post on completion of the period of reversion ordered against them. Thereafter the Inspector General of Police who is the respondent in all these three petitions had issued a show cause notice against each petitioner requiring him to show cause why the punishment should not be enhanced to one of dismissal on the ground that the same was inadequate. The three petitioners have therefore filed the present Special Civil Applications to challenge the impugned show cause notice issued by the Inspector General of Police. The petitioners have contended:-

(3.) At the hearing Mr. Desai has argued the aforesaid four grounds. We had also heard the other advocates including Mr. Nanavati who were interested in supplementing the arguments in these petitions as they were interested in other allied pending matters.