BALKISHAN CHATURVEDI Vs. CHIEF SECRETARY GOVT OF BHOPAL

JUDGEMENT

(1.) THE petitioner who had been working as Sub-inspector of Police has come to this Court from the order of the Inspector General of Police dated 27-5-1958. He has alleged irregularities out of which 3 have been pressed. (i) In the circumstances to be set out presently he argues that he was really an officer under the control of the Government of the State of rajasthan and as such could not have been dismissed by the inspector general of Police in the State of Madhya Pradesh. (ii) The inquiring officer Deputy Superintendent ot Police Afaq Hussain was prejudiced against him, being, in fact, the officer who had at the first instance asked the Circle Inspector to make a preliminary inquiry. and (iii) His prayer for personal hearing at the punishment stage was not granted. Accordingly, the petitioner has asked under Article 226, a writ or direction by this Court setting aside of the order of "dismissal and his reinstatement in service.

(2.) DELAY. The petitioner was dismissed on 27-5-1958, the order itself being communicated to him on 3-6-1958. He filed an appeal to the Government which was dismissed on 29-12-1959. However, he filed the present petition about one year later on 9-1-1961, Naturally, the delay calls for explanation and there is none except that the petitioner noticed the Government for redress, which took a month or so and had in addition to brief a lawyer and prepare his case. In these circumstances, the delay is considerable and has remained unexplained. This by itself justifies the dismissal of the petition, even if there was substance in it.

(3.) THE petition has, however, been heard on merits and our decision on the grounds may be set out briefly.