K RAJAGOPAL RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a petition by an Assistant Sub -Inspector of Police against the order, dated the 18th August, 1952, of the Assistant Inspector General of Police, Orissa dismissing him from the Police Force of Orissa.

(2.) ON or about the 31st August 1949 the Deputy Superintendent of Police framed charges against the petitioner for dishonestly misappropriating certain articles kept in charge of Rayaghada Government Railway Police Station where the petitioner wag then working. In the charge he was asked to show cause 'why he should not be dismissed from the Police Force' for that offence. The petitioner showed cause. There was then a departmental enquiry by the Subordinate Police officers and definite findings were arrived at, to the effect that the petitioner was guilty of the charge. Thereupon, the Assistant Inspector -General of Police who is presumably the authority competent to dismiss the petitioner, issued the following notice to him :

(3.) IN the notice dated the 21st July, 1951three forms of punishment have been proposed,namely (1) dismissal, (2) removal, and (3) reduction. The notice does not say which of theaforesaid three punishments was tentatively decided upon. It is impossible for the delinquentpublic servant to show cause against all the threeproposed punishments. The petitioner may,therefore reasonably urge that he could notshow any cause effectively inasmuch as he wasnot sure as to what exactly was the punishmentwhich the competent authority proposed to passon him.