V.B. KHARATE Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India for quashing the order dismissing the Petitioner from service and for the issuance of an appropriate writ and direction for a declaration that the dismissal be deemed null and void and that the Petitioner be deemed to be in service.

(2.) ACCORDING to the Petitioner, he was appointed a Sub -Inspector of Police in the former Holker State on January 1, 1937, under orders of the Government of His Highness the Maharaja Holker. On the formation of Madhya Bharat, his services continued and he was absorbed in the Madhya Bharat State under orders of the Inspector -General of Police contained in the notification published in the Madhya Bharat Police Gazette, dated August 31, 1950. On March 16, 1955, he was served with a charge -sheet by the District Superintendent of Police, Dewas and was suspended with effect from that date. After inquiry and giving him a notice to show cause why he should not be dismissed, the Deputy Inspector -General of Police, Madhya Bharat, Ujjain, by his order dated June 21, 1955, dismissed him from service. He preferred an appeal to the Inspector -General of Police, then a revision to the Government of Madhya Bharat and lastly, a review to that Government but all in vain. The order of dismissal is assailed on grounds that the Deputy Inspector -General of Police could not dismiss the Petitioner and in doing so, he transgressed the provisions contained in Article 311 of the Constitution, and secondly, that the Petitioner had no reasonable opportunity to satisfy the authorities concerned that his past record was not bad.

(3.) 1957 MPLJ 437 : AIR 1957 M.P. 126. In that case, it was held that a Sub -Inspector of Police who was originally appointed by the Ruler of Rat lam State but was not reappointed in the Madhya Bharat State after the merger of the Ratlam State in the new State, could only be removed by the Madhya Bharat Government and his dismissal by the Deputy Inspector -General of Police was illegal. That case was decided before the decision of their Lordships of the Supreme Court in the case of Rajvi Amar Singh v. State of Rajasthan AIR 1958 SC 228. According to their Lordships' pronouncement,