KALICHARAN RAGHUNATH Vs. DISTRICT SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This petition is directed against the order dated 30.11.94 passed by the District Superintendent of Police, Surat(Rural) imposing punishment of compulsory retirement upon the petitioner after holding full-fledged inquiry.

(2.) The facts in brief deserve to be set out for appreciating the rival submissions of the parties.

(3.) Ms Sangita Pahwa, learned advocate appearing for the petitioner has submitted that looking to the charge-sheet as well as the order of the civil court, the transfer amounted to be reversion. She has submitted that the authority now states that the transfer order was not a reversion. Even if the petitioner assumes it to be transfer, then the reasons given for such transfer go to show that it was a penal transfer. She has submitted that in any case the principle of double jeopardy shall be applicable in the present case. Ms Pahwa has further submitted that once the authority felt that the petitioner's offence was such as warranting penalty of transfer or reversion, as the case may be, the same authority now for the same offence imposed penalty of compulsory retirement which goes to show that the authority has not applied its mind in the proper perspective.