STATE OF PUNJAB AND ORS. Vs. SURINDER KUMAR

JUDGEMENT

(1.) IS the Additional Superintendent' of Police to be taken to be an officer lower in rank than the Superintendent of Police? This matter arises in the context of the validity of the order of dismissal passed against the Plaintiff -constable Surinder Kumar, by the Additional Superintendent of Police, Patiala, on April 1, 1981, challenged in appeal being the setting aside of the impugned order of dismissal by the lower appellate Court holding it to be an order not passed by the competent authority.

(2.) THE appointing authority of the Plaintiff was the Superintendent of Police, while, as mentioned earlier, the order dismissing him from service was passed against him by the Additional Superintendent of Police. In dealing with the point in issue, it would be pertinent to keep in view the provision of Section 7 of the Police Act, 1861 (hereinafter called 'the Act'), the relevant portion of which reads as under:

(3.) THE statutory provisions here, namely, Section 7 of the Act came up for consideration before a Division Bench of this Court in State of Punjab v. Sunder Singh Ex -Head constable REA 195 of 1964 decided on 20th January, 1966, in the context of an order of dismissal passed against a head -constable by the Additional Inspector -General of Police. This order of dismissal was sought to be questioned on the ground that it had not been passed by the competent authority inasmuch as it had been passed by an Additional Inspector -General of Police and not the Inspector -General of Police After adverting to the provisions of Section 7 of the Act, it was observed by the Division Bench that it is to be presumed that when an appointment of an Additional Inspector -General of Police is made on account of the fact that the Inspector -General had more work than he could cope with and the Additional Inspector -General of Police was appointed to take some of the work off his hands, in such circumstances, it was held it must presumed that such an officer, when appointed would be competent to exercise all or any of he functions of the Inspector -General under the Police Act in the absence of any provision to the contrary in the order of his appointment. Further, it was held that the Inspector -General of Police had concurrent powers and one was not senior in rank to the other. It was accordingly held that the order of dismissal passed by the Additional Inspector -General of Police, was indeed an order passed by the competent authority.