BANWARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition under section 482 Crimial P.C. has been filed for getting the observations made in the judgment dated 30.3.99 quashed. In the impugned observations the learned A.C.J.M. directed that disciplinary action be taken against Banwari Lal and the Court be informed of the action in accordance with Rule 66 of the General Rules (Criminal), 1980.

(2.) Mr. Garg points out that Rule 66 of the General Rules (Cr.) applies only when some erroneous practice on the part of the police or some irregularity committed by the police is brought to the notice of the Court. In that event, he argues, the Court may direct the Inspector General of Police of Distt. Magistrate for taking action against a person. His contention is that the petitioner who was officer in the Child Development Project was not covered by Rule 66.

(3.) There is merit in the contention of Mr. Garg. Rule 66 of the General Rules (Cr.) does not cover all the officials of the Government. Its applicability is restricted to the police officials. Therefore, the learned Magistrate was not correct in giving direction under Rule 66 of the General Rules (Criminal) to the Child Development Project Department to take disciplinary action against the petitioner under intimation to the Court. Petition allowed.