M. P. Chandrakantaraj Urs, J. - (1.) Petitioner is aggrieved by the order of discharge made by the 3rd respondent Deputy Inspector General of Police North Eastern Range, Gulbarga, as per his order dated 29-8-1983. A true copy of that order is produced at Annexure-B to the petition. That order came to be confirmed by the Director and Inspector General of Police in Karnataka, Bangalore, who is the second respondent herein. State of Karnataka is the first respondent and superintendant of Police, Gulbarga District, Gulbarga, is the 4th respondent.
(2.) The impugned order at Annexure-B is assailed by the petitioner on the following two grounds:- (i) that he had completed the period of probation prescribed under the Karnataka State Police Services (Recruitment) Rules, 1967 and it had, been extended by the 3rd respondent Deputy Inspector General of Police, Gulbarga on 11-2-1982 and by the Government on 10/11-11-1983 and thus, the total period of probation which could be extended beyond the prescribed period under the relevant Rules had lapsed and therefore, there was no power vested in the 2nd respondent to pass an order of discharge under the Karnataka Civil Services (Probation) Rules, 1977 (hereinafter referred to as 'the Rules'), and (ii) that the impugned order of discharge is not in effect an order of discharge simplicitor but an order imposing punishment in as-much as the contens of the order read as a whole casts a stigma on the character of the petitioner.
(3.) Before examining the contentions and the decisions of the Supreme Court relied upon by the learned counsel for the petitioner, it will be useful to set-out the operative portion of the impugned order which is as follows:- "I, F. T. R. Colaso, Dy. Inspector General of Police, North Eastern Range, Gulbarga, after carefully considering the conduct and work of Shri K. Rajendra Prasad, PSI and finding him to be generally unsuitable for the service discharge him from service in accordance with the provisions of Rule 6 of the Karnataka Civil Services (Probation) Rules, 1977. This order will be given effect to after it is confirmed by the Director General and Inspector General of Police, Karnataka State, Bangalore, and shall take effect from the date of service of this order on Shri K. Rajendra Prasad. Given under my seal, this day 29th June, 1983.";