RAM RAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) BY the Court-This petition is directed against the order dated 12th January, 1988, passed by Circle Officer, Mahmoodabad, district Sitapur, whereby he has reduced the petitioner from the rank of Head Constable to the rank of Constable in departmental proceedings. On the question of alternative remedy the learned counsel for the petitioner submits that since he has challenged the vires of para 479 (f) of the U. P. Police Regulations, alternative remedy is not efficacious as the (Services) Tribunal is not competent to decide the question of vires. We accordingly take up the question of vires first.

(2.) THE learned counsel for the petitioner has submitted that the Circle Officer has obviously assumed jurisdiction to pass the impugned order in view of the provision contained in para 479 ((f) of the U. P. Police Regulations which is in conflict with section 7 of the Police Act. Para 479 prescribes the officers who may impose punishments on Police Officers of different ranks. Under clause (a) Governor has reserved full powers of punishment with reference to all officers. In clause (b) it is mentioned that the Inspector General may punish Inspectors and all Police Officers of lower ranks. In clause (c), (d) and (e) is mentioned the jurisdiction of Deputy Inspector General and the Superintendent of Police. THEn comes clause (f) which reads as follows : "(f) Subject to the provisions of paragraph 491 (i) (all such permanent Assistant Superintendents of Police as have completed four years of service all such permanent Deputy Superintendents of Police as have crossed the first efficiency bar in the time scale of pay applicable to them), and (ii) other Assistant Superintendent of Police and Deputy Superintendents of Police specially authorized in this behalf by the Deputy Inspector General of Police so far as his Range is concerned; may exercise all the powers of a Superintendent of Police as detailed in sub-paragraphs (d) and (e) of this paragraph other than powers relating to the punishment of Inspectors of Police and powers under Fundamental Rules 24 and 25. " It is not disputed that Deputy Superintendent of Police is equivalent to Circle Inspector. THErefore if clause (f) is not ultra vires of section 7 the impugned order cannot be faulted on the plea of competence of the officer to pass the order. Section 7 of the Police Act, 1861 reads as follows : "7. Subject to provisions of Art. 311 of the Constitution and to such rules as the State Government may from time to time make under this Act, the Inspector General, Deputy Inspector General, Assistant Inspector General and District Superintendents of Police may at any time dismiss, suspend or reduce any Police Officer of the subordinate ranks whom they shall think remiss or negligent in the discharge of his duty or unfit for the same ;

(3.) IT may be that the Circle Officer is lower in rank than the lowest authority mentioned in section 7 but that does not make any difference, so long as Article 311 is not violated. IT is not the petitioner's case that Article 311 is violated.