HOSHIAR SINGH Vs. THE STATE

JUDGEMENT

(1.) THIS Criminal revision has been placed before us pursuant to the order of Grover, J., dated 20th January, 1964. The point is very short and the facts necessary for understanding the contention raised may in a nut -shell be stated.

(2.) THE Petitioner, Sub -Inspector of Police in Kashmeri Gate Police Station, was challaned by the Anti -Corruption Branch of the Delhi Administration under Section 5(2) of the Prevention of Corruption Act and Section 161, Indian Penal Code, for having accepted illegal gratification amounting to Rs. 70 from one Om Parkash. This is alleged to have happened in October, 196.1. As a result thereof, he was suspended from service and charge -sheeted, which was followed by a departmental enquiry. When a show -cause notice was served on him on the conclusion of the enquiry intimating to him the proposed punishment, he objected to the legality of the enquiry because the permission of the District Magistrate in accordance with Rule 16.38 of the Punjab Police Rules had not been obtained. The departmental enquiry, it appears, was quashed on this ground. Thereafter, the challan was put into Court under the directions of the Deputy Inspector -General of Police. This time an objection to his prosecution was raised before the learned Special Judge on the ground that in the absence of reference to the District Magistrate and in the absence of his orders, directing prosecution, the Special Judge could not take cognizance of the trial. It is not controverted that no such reference had been made to the District Magistrate for the purposes of the trial in Court. Support for this objection was sought from Rule 16.38 mentioned above. The learned Special Judge in his order, dated 13th August, 1963 disallowed the objection holding that Rule 16.38 did not apply to the trials before the ordinary Courts and that it was merely concerned with punishment by departmental authorities for departmental enquiries.

(3.) RULE 16.38 of the Punjab Police Rules, on the construction of which the fate of this revision depends, so far as relevant for our present purpose, is as follows: