ARJUNRAO BABURAO ASHTEKAR Vs. STATE OF BOMBAY

JUDGEMENT

(1.) THIS is an appeal from the judgment of Mr. Justice Mody in Miscellaneous Petition No. 285 of 1959 preferred by the appellant under Article 226 read with Article 311 of the Constitution.

(2.) THE petitioner was a Sub -Inspector of Police in the State of Bombay and was serving at Poona in the year 1957. He was attached to the Shukrawar Peth Police Chdwkey in September, 1957.

(3.) ON March 6, 1959, the respondent through its Secretary, Home Department, issued a show cause notice against the appellant. In that notice it is stated that the respondent agreed with the findings of the Inquiry Officer on the first four counts of the charge, but that the respondent did not accept the findings on the 5th and the 6th counts. The notice further stated that the respondent regarded the appellant to be guilty for the reasons stated in the notice on the 6th count also. Then the notice proceeded to state that in the opinion of the respondent it had been proved that the appellant had been guilty of the charge of demanding some bribe, though not of demanding the specific sum of Rs. 200 as bribe as mentioned in count No. 6. The notice also stated that the punishment of reduction in pay awarded to the appellant by the District Superintendent of Police, Poona, was inadequate, that the respondent proposed to enhance that punishment to that of dismissal from service and called upon the appellant to show cause within 30 days from the date of the receipt of that notice why the proposed punishment of dismissal from service should not be imposed upon the appellant.