MOHAMMAD SHAREEF KHAN Vs. ONKAR SINGH

JUDGEMENT

(1.) The present appeal is directed against an order dated 17 December 1956, passed by a learned single Judge of this Court on a petition by the present appellant under Article 226 of the Constitution.

(2.) The petitioner commenced service as a constable in 1938 and was posted as a head constable of the Armed Constabulary at Unnao in February 1954. An incident took place on 29 February 1954, in connexion with collection of subscription for a proposed milad sharif in the police lines at Unnao, The petitioner had approached Sri Kamta Singh, sub-inspector, Armed Police, with an Application for permitting arrangement for the realization of subscription for the said milad sharif. This application was on 27 February 1954, and it is alleged that it was thrown away by Sri Kamta Singh. The following day the petitioner complained about it to the reserve inspector Sri M.A.C. Grath, who sent for Sri Kamta Singh; then it is said that in the presence of Sri Grath when Sri Kamta Singh was also there, the petitioner behaved rudely and imputed com-munal bias to Sri Kamta Singh. In respect of this incident of 28 February 1954, the Superintendent of Police ultimately served the following charge on the petitioner : I.G.K. Mathur, Superintendent of Police, charge you, H.C./A. P., 18, Mohammad Sharif Khan, under Section 7, Police Act, for negligence and remissness in discharge of your duty and unfitness for same in that you misbehaved with sub-inspector, Armed Police, Sri Kamta Singh, on the morning of 28 February 1954. The Superintendent of Police further required him to file his defence along with a list of witnesses, etc., whom he proposed to examine in support of his explanation.

(3.) On 13 March 1954, the petitioner submitted his explanation in which he complained firstly, that the charge delivered to him was vague, and second, that he was not disrespectful towards Sri Kamta Singh. In other words, he denied the accusation of rudeness and disrespectful behaviour towards his superior, Sri Kamta Singh.