JAGAN NATH Vs. SENIOR SUPERINTENDENT OF POLICE FEROZEPORE

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution which is directed against a departmental enquiry which is being held against the petitioner by Shri D. D. Kashyap, Assistant Superintendent of Police, Ferozepore.

(2.) THE Petitioner at the material time was working as Assistant Sub-Inspector of police, In the petition a number of allegations have been made with regard to the prejudice which the then Senior Superintendent of Police, Shri Puran Singh had against the petitioner. It is said that on 10th June 1960 that officer registered a case under S. 5 of the Prevention of Corruption Act, 1947, against him and also ordered his suspension and deputed the Deputy Superintendent of Police, Moga, for investigation. The latter registered a case under S. 19 of the Arms Act. After having approached the superior officers with a representation that an enquiry by an officer subordinate to the Senior Superintendent of Police who would be the main prosecution witness should not be held and having failed to obtain any redress from them the present petition has been instituted.

(3.) THE main points that have been agitated before me by the learned counsel for the petitioner are: