JAGERAM MALIK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Article 228 of the Constitution.

(2.) THE petitioner was a member of the Madhya Pradesh Police Force having joined as a Sub-Inspector of Police on 1-1-1924. He was confirmed in that post on 1-1-1927. After the Police Action against the Hyderabad State, the petitioner was. first sent, on deputation, to Nanded in that State and subsequently to Bhainsa as Station Oifficer. On 25-2-1950 a complaint was made against him for extortion by one Gangoo to the Director-General of Police, Hyderabad. Thereupon, an enquiry was made by Shri Jham Singh, the then Deputy Superintendent of Police, Nanded. He recorded the statements of the witnesses and reported that the allegations made against the petitioner were found to be false. It would appear that another report in connection with the same affair was made to the D. I. G. , Aurangabad. The D. 1. G. himself went to Bhainss, made an enquiry, during the course of which he recorded the statements of the witnesses. On the basis of this enquiry the D. 1. G. passed an order on 21-5-1950 suspending the petitioner from service and directing him to hand over charge of his office and to proceed to Nanded at once. He was also ordered verbally not to leave Nanded without the previous permission of the proper authorities. In the order of suspension it was directed that during the period of suspension the petitioner would be entitled to draw l/4th of his pay, presumably as provided for in the Police Regulations in force in the Hyderabad State.

(3.) EVENTUALLY, a Departmental Enquiry was held against the petitioner by Shri D. G. Desh-pande, Deputy Superintendent of Police and the findings of the Enquiring Officer together with all the relevant papers and documents in connection with the enquiry were sent to the Inspector-General of Police, Madhya Pradesh. On 5-3-1951, the petitioner was served with a notice to show cause against his dismissal from the Police Force by the Inspector-General of Police, Madhya Pradesh, through the D. S. P. , Nanded (Hyderabad), and on 12-5-1951 he was served with an order of dismissal passed by the Inspector-General of Police, Madhya Pradesh. It is said fliat at that time the petitioner was undergoing medical treatment for tuberculosis at Simla. The petitioner then preferred an appeal before the State Government which was rejected. He has, therefore, made this petition to this Court under Article 226 of the Constitution.