MANIHAR SINGH Vs. SUPERINTENDENT OF POLICE AND ORS.

JUDGEMENT

(1.) THIS is an application filed by Manihar Singh for a writ of certiorari or a writ of like nature for quashing the impugned order dated 29 January 1960 passed by respondent 1, the Superintendent of Police, United Khasi -Jaintia Hills, Shillong, and the order passed in appeal by respondent 3, the Deputy Inspector -General of Police, Range Assam, Gauhati, dated 24 June 1966. He has also prayed that a writ of mandamus or a writ of like nature should be Issued directing the respondents to cancel, recall or otherwise forbear from giving effect to the impugned orders as aforesaid.

(2.) IT appears from the petition that constable No. 405, Manihar Singh of Laban Beat House at Shillong, was chargesheeted for commission of alleged offences as mentioned in the chargesheet and ultimately after evidence was taken, the Superintendent of Police dismissed the constable.

(3.) THE Assam Government Servants' Conduct Rules, 1937, as amended up to 1 October 1952, do not bring in the acts as mentioned In the chargesheet as acts of indiscipline, within their purview. In the later rules of 1965 it has been however provided In Rule 3(1)(iii) that