ASHA RAM Vs. G C SAXENA

JUDGEMENT

(1.) In this reference the Civil and Sessions Judge of Rampur recommends the quashing of proceedings pending against the applicant, Sub-Inspector Asa Ram, in the court of the City Magistrate of Rampur under Section 29 of the Police Act.

(2.) The allegations against the applicant are that while posted as Station Officer of Tanda Police Station he refused to record a report that a certain Rahim Bux wished to lodge about a burglary committed in his shop in the month of December 1955, and similarly while posted as Station Officer of Suar Police Station he refused to record a report of one Gokul Haldia regarding a burglary committed in his house during the month of September 1957. On complaints being made by Rahim Bux and Gokul departmental proceedings were started against the applicant under Section 7 of the Police Act, and on the conclusion of that inquiry he was called upon to show cause why he should not be punished. But instead of submitting a proper reply to this notice the applicant tiled complaints under Section 500, I. P. C. against Rahim Bux and Gokul in the court of the Judicial Officer (1), Rampur, on 31-1-1959. On this the Superintendent of Police of Rampur lodged a complaint against the applicant with the City Magistrate on 23-5-1959, asking for him to be punished under Sec. 29 of the Police Act for breach of Rule 25 of the Uttar Pradesh Government Servants' Conduct Rules, which runs as follows :

(3.) The first line of argument adopted by learned counsel for the applicant is that breaches of the U. P. Government Servants' Conduct Rules are not punishable under Section 29 of the Police Act, the relevant portion of which runs: