SAYED KASSAM IBRAHIM Vs. M M CHUDASAMA

JUDGEMENT

(1.) THE petitioner was a constable in the Bombay City Police Force and by this petition he challenges an order of dismissal passed against him by the Commissioner of Police on 23-6-1955.

(2.) THIS case has had rather a chequered career and various attempts have been made by the Police authorities to dismiss the petitioner from service and so far the petitioner seems to have succeeded on one technical ground or another. It appears that on 12-4-1950 Sub-Inspector Khanse obtained an order from a Presidency Magistrate to investigate a case of corruption. The investigation was completed by Sub-Inspector Khanse on 27-10-1950 and he made a report to Inspector Raje. On 31-10-1950 Inspector Raje reported to Superintendent Subhan, and on 15-11-1950 Superintendent Subhan made a report to the Commissioner of Police. On 16-11-1950 Assistant Commissioner, Deshpande made a report to the Commissioner of Police recommending the suspension of the petitioner who was involved in the Investigation made by Sub-Inspector Khanse, and on 17-11-1950 the petitioner was suspended from service. On the basis of inquiry made by Sub-Inspector Khanse, Superintendent Paranjpe framed charges against the petitioner and a charge-sheet was served upon the petitioner. The petitioner showed cause and Superintendent Paranjpe made a report holding the petitioner guilty, and on that report on 14-6-1951 Assistant Commissioner Pednekar dismissed the petitioner. An appeal was preferred to the Commissioner of Police which was dismissed. The petitioner then appealed to the State of Bombay and the State of Bombay set aside the order Of dismissal on 23-10-1952. On 31-3-1953 another show-cause notice was served by Deputy Commissioner Pandya. After considering the reply submitted by the petitioner. Deputy Commissioner Pandya passed the order of dismissal on 14-5-1953. The petitioner appealed to the Commissioner of Police which appeal was rejected. He then served a notice upon Government under Section 80 Civil P. C. on 17-6-1954. The petitioner also appealed to the State against the order of the Commissioner and in appeal the State set aside the order of dismissal on 16-10-1954. On 14-5-1955 the Commissioner of Police served a show-cause notice upon the petitioner upon which the ultimate order of dismissal was passed which is challenged in this petition, and as already stated the Commissioner of police, after considering the cause shown by the petitioner, passed an order of dismissal on 23-6-1955.

(3.) THE only point urged by Mr. Samant is that the departmental inquiry has not been conducted in accordance with the Rules framed under the Police Act, and therefore to the extent that the show-cause notice issued by the Commissioner of Police is based upon the departmental inquiry, the order of dismissal cannot be justified, and the flaw that is pointed out in the holding of the departmental inquiry is that there was no proper preliminary inquiry as required by these Rules. In order to understand the contention of Mr. Samant it is necessary to look at the Police Manual which contains the Rules framed for the purpose of holding the departmental inquiry. Rule 3 (a) divides departmental inquiries into three categories: (i) Inquiries into misconduct by Inspectors, Deputy Inspectors, Sergeants and Sub-Inspectors; (ii) inquiries into offences by Jamadars, Head Constables and Constables, in which the charge, if proved, would render a major punishment probable; (iii) inquiries into minor offences by Jamadars, Head Constables and Constables. Now, dismissal is a major punishment and the inquiry against the petitioner who is a constable, inasmuch as it was in respect of a serious offence which would render a major punishment probable, would fall in the category of Rule 3 (a) (ii ). Rule 3 (b) deals with departmental Inquiries held in cases falling under Rule 3 (a) (i), and Rule 3 (c) deals with cases falling under item (ii), and what Mr. Mistree has urged on behalf of the State is that looking to the language of Rules 3 (b) and 3 (c) it is clear that the rules do not require a preliminary inquiry to be held before a charge-sheet is framed and the person charged is called upon to enter upon his defence. We have had occasion to say this before and we must say it again that the rules are extremely badly drafted and it is time that some responsible person sits down and looks to the language of these rules and puts them in order. Difficulties are constantly paused by the inartistic and sometimes even inaccurate drafting of these rules. But we are satisfied, as we shall presently point out, that although we do not find any man-datory language used in these rules there is clear indication that a preliminary inquiry is mandatory and essential before a charge can be framed which charge the person alleged to be guilty of an offence has to meet.