RAGHUNATH SINGH Vs. STATE OF MADHYA BHARAT

JUDGEMENT

(1.) THIS is an application by a Sub-Inspector of Police who was dismissed by the order of the Deputy Inspector General Police, Northern Range (M. B.) after show cause notices, inquiry and report by the S. P. Guna. The gravamen of his case is that because he was appointed by the I. G. of Police of the erstwhile Gwalior state, and after the constitution of the Madhya Bharat confirmed by that government in its services, his dismissal by the D. I. G. is illegal and in contravention of Article 311 (1) of the Constitution as this authority is subordinate in rank both to the State Government and to the I. G. of Police Madhya Bharat. He has also urged that the conduct of the inquiry was in contravention of the provisions of the Punishment and Appeal Rules, the Madhya Bharat Police Act and police Regulations (paragraph 234 ). Accordingly, he has prayed for issue of a writ of certiorari quashing the order of the D. I. G. , and directing the grant of all consequential reliefs.

(2.) THE main points for decision are whether, the applicant was appointed by the I. G. Police erstwhile Gwalior, or by the Government of Madhya Bharat, or by the I. G. M. B. ; and whether in the first alternative the dismissal by the D. I. G. N. R. M. B. is a contravention of the Article 311 (1 ). Besides, the compliance or otherwise with the Police Act, Rules, or Regulations have also to be examined.

(3.) THIS is typical of a particular class of application against dismissal of the pre-accession "native State" employees. As there has been some apparent conflict between some of the rulings in similar cases it is convenient to state the facts at some length, and bring out the different, and mutually exclusive phases of this application.