MOHAN DAS Vs. SUPERINTENDENT OF POLICE KHAMMAMATH

JUDGEMENT

(1.) This is a petition Under Article 226 of the Constitution of India questioning the orders of the departmental officers and of the Government reducing petitioner, formerly a Head Constable in the Police department to the rank of a Constable for a period of five years.

(2.) The facts leading to this petition are briefly these : The petitioner was working as a Head Constable in Khammamath Town Station. The Station House Officer, Khammamath, was away on bandhobust duty at Kothagudem on 9th July, 1958. The petitioner, who was in charge of the Station, received a report of a suspicious death case (death by poison) during the absence of the Station House Officer on other duty. He then registered a case, Crime No. 107 of 1958 under section 174, Criminal Procedure Code, and took up investigation. He proceeded to the scene of occurrence and summoned panchayatdars but did not prepare the panchanama immediately. He sealed the place of occurrence without preparing a panchanama The next day he opened the room without searching the room under a panchanama. He held an inquest but did not record the blue discolouration of the chest portion of the dead body though it is said that he was particularly requested to make a note of it. Later, he is alleged to have inserted a panchanama of search which he had not prepared at all and slipped it into the closed drawer of the Station House Officer. A departmental enquiry was thereupon conducted against him on two charges : 1. "Doubtful conduct and perfunctory investigation in Crime No. 107/58 under section 174, Criminal Procedure Code (later changed to section 302, Indian Penal Code). 2. Misconduct in inserting a panchanama of search in the drawer of the Sub-Inspector of Police, Khammamath Town in his absence to cover up his delinquency when he was called upon to explain the non-preparation of the same in the same case."

(3.) An opportunity was given to the petitioner to rebut the chaiges. The Deputy Superintendent of Police recorded the minutes of the enquiry finding that both the chaiges were true. The Sapenntendent of Police gave a further opportunity to the petitioner to make his representations, and then agreeing with the enquiring officer that the charges were proved, he imposed a penalty of reducing him to the rank of a Constable. The order was confirmed on appeal by the Inspector-General of Police. On a petition to the Government the order of his permanent reduction to the rank of a constable was modified as a reduction for 5 years. It is against these orders finding him guilty and imposing a penalty that this writ petition is filed questioning the said orders.