PRAKASH CHANDRA MOHANTI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner was convicted under Section 23 of the Police Act and sentenced to pay a fine of Rs. 75, in default, to undergo simple imprisonment for two months by the Sub-divisional Magistrate, Pari. The Sessions Judge set aside the sentence of fine and directed forfeiture of pay of the petitioner for fifteen days.

(2.) PROSECUTION case may be stated in brief. The Superintendent of Police, Pori, passed an older (Ex. 3) directing transfer of the petitioner, who was a constable attached to the Reserve Lines, to Baragarh outpost, under the Capital Police Station within the same district. The transfer order was communicated to the petitioner through the command certificate (Ex. 4) on 28 November 1964 at 8-30 a. m. He was directed to hand over charge and to report himself to duty at the Dew station on 30 November 1964. The petitioner refused to accept the command certificate and to sign it. He was produced before the Additional Superintendent of Police who explained to him the order passed by the Superintendent of Police and asked him to accept It. The petitioner disobeyed the order.

(3.) THE defence of the petitioner was that during the relevant period he was (sic), that no order of transfer was intimated to him and that he has not wilfully violated any lawful order.