- (1.) IN this petition under Articles 226 and 227 of the Constitution of India, the petitioner, an employee of the Police Department, challenges the order of the Superintendent of Police, dated 23-4-1969 (petitioner's Annexure-F), the appellate order of the Deputy Inspector General of Police, dated 28-2-1970 (petitioner's Annexure-H) and the order of the Inspector General of Police (date not mentioned; petitioner's Annexure-I) on the ground that the petitioner having been acquitted in a criminal case for an alleged offence under section 302, indian Penal Code in connection with the alleged murder of his wife, could not have been proceeded against depart mentally in respect of the same charge.
(2.) THIS case had come up for hearing before a Division Bench of this court, which, by order, dated 9-12-1971, referred the case to a Full Bench on the ground that it was necessary to consider the Division Bench case of the Nagpur high Court, namely, Ramdayalsingh v. Harnamsingh and others (1951 N L J 593.), wherein, relying on Regulation No. 241 of the Central Provinces and Berar Police Regulations, which are still in force in the State, the said Division Bench laid down that a departmental enquiry would be barred on the same charge of which a Police officer or a police employee may have been acquitted by a Criminal Court. The division Bench thought it necessary that the question how far the Police Regulation No. 241 bars a departmental enquiry would be a matter, which would need reconsideration. Therefore, the entire case was referred by the Division Bench to a Full Bench for disposal.
(3.) THE facts leading to the filing of the present writ petition are as follows: the petitioner was appointed as a lower division clerk in the office of the superintendent of Police, Khandwa, in the year 1964. Thereafter, the clerical cadre was designated as Assistant Sub-Inspector (Ministerial) by a general order of the Inspector General of Police, in 1967. The petitioner was married to one, kiranbai in the year 1965. Kiranbai was killed on the night intervening the 13th and 14th of November, 1967. On that fateful night, as usual, the petitioner and his wife were sleeping in the same room. The petitioner was suspected of the murder of his wife and, therefore, he was prosecuted for an alleged offence under section 302, Indian Penal Code in Sessions Trial No. 9 of 1968, in the Court of the Additional Sessions Judge, East Nimar, Khandwa. During the Sessions Trial, smt. Shantibai, mother of the petitioner, Ramratan, father of the petitioner,' rameshprasad, brother of the petitioner and Smt. Kamlabai, sister-in-law of the petitioner were examined as prosecution witnesses, amongst other witnesses. One, Smt. Savitribai, grand mother of the deceased Kiranbai, Diwakar, Compounder, Dr. Kaskhediker and Constable Janardan were also examined as witnesses on behalf of the prosecution. The learned Additional Sessions Judge, by judgment, dated 22-7-1968 (petitioner's Annexure -A) acquitted him of the offence charged with. The petitioner was, therefore, charged with the murder of his wife on the said night. A little later we shall examine the reasoning of the learned Judge acquitting the petitioner of the charge of murder.;