L. BALAKRISHNAN Vs. THE INSPECTOR-GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner was employed as a Police Constable in the Union Territory of Pondicherry when he absented himself from duty without leave with effect from 13th September, 1971. His continued absence resulted in an order of the Inspector -General of Police, Pondicherry, dated the 10th February, 1972 striking off his name as a deserter with effect from the date above mentioned under Sub -rule (1) of Rule 17 of the Pondicherry Police Subordinate Services (Discipline and Appeal) Rules, 1968 (hereinafter referred to as the Rules), and advising him to initiate action in pursuance of Sub -rule (2) of that Rule. No further proceedings were taken against him till the 24th of April, 1972 when the Inspector -General of Police passed another order confirming the previous order and dismissing him from service with effect from the 13th of September, 1971. It is the order last mentioned by which the petitioner feels aggrieved and which he seeks to have quashed through a writ of certiorari on the ground that it was passed in contravention of Sub -rule (2) abovementioned.

(2.) RULE 17 of the Rules may be reproduced here with advantage. It states: