GOBIND SINGH Vs. D I G OF POLICE

JUDGEMENT

(1.) This is a petition by Gobind Singh under Articles 226/227 of the Constitution challenging the legality of the order dated 6th May, 1963 passed by the Superintendent of Police, Hissar reducing him from an Assistant Sub-Inspector of Police to a Head Constable.

(2.) According to the allegations of the petitioner, he joined the Police Department in the erstwhile Patiala State as a Constable in 1943. He was promoted to the rank of an Assistant Sub-Inspector of Police in 1954 and was confirmed in that post on 7th May, 1958 after the merger of the Pepsu State with the State of Punjab. In 1960, he was posted as Incharge of Police Post, Sabathu, district Shimla, and remained there till 23rd January, 1961. During the course of his stay there and in the discharge of his officials duties as a police officer he came in conflict with one M.L. Shah of that place. As an Assistant Sub-Inspector of Police, he had to investigate a case under Section 420, Indian Penal Code, against M.L. Shah and his brother, Kishan Lal. He also opened their history sheets since they were undesirable persons. He censored their letters, which they received from the foreign countries and stopped their fraudulent business. He also got the gun licence of Kishan Lal cancelled. Similarly, he incurred the displeasure of one Bala Ram, an M.E.S. employee of Sabathu, who was also the Secretary of the Labour Union of M.E.S. Workers, Sabathu, and was instigating them to go on strike at the time of All India Employees General Strike in 1960. The petitioner had reprimanded him for indulging in anti-national activities. The petitioner had also alienated the sympathies of Shri Yog Raj, Inspector, C.I.D., and Shri Jiv Raj Mehta, Sub-Inspector, Vigilance. All these persons conspired together and got a false complaint made against him through M.L. Shah. On the basis of this complaint, the petitioner was charge-sheeted on five grounds on 21st April, 1962. Subsequently, a departmental enquiry was conducted against him by Shri Daljit Singh Dhillon, Superintendent of Police, Simla, respondent No. 2, who exonerated him from three charges, but held him guilty under two of them. Since the petitioner was posted in the district of Hissar at that time, the Competent Authority to pass final orders was the Superintendent of Police of that district. Therefore, the papers were sent to him and he was provisionally of the opinion that the penalty of reduction in rank should be imposed on the petitioner. As a result, on 13th August, 1962 he issued a notice to the petitioner calling upon him to show cause as to why this penalty should not be imposed on him. Thereupon the petitioner submitted his representation on 22nd August, 1962. After considering the same, he came to the conclusion that the two charges, as held by the Enquiry Officer, had been proved against the petitioner and since they were of a serious nature, the punishment of reduction in rank was imposed by the impugned order dated 6th May, 1963. Against this order, the petitioner filed an appeal, but it was rejected on 31st July, 1963 by the Deputy Inspector-General of Police, Ambala Range, respondent No. 1, who, however, held that the petitioner was guilty only under one charge. This led to the filing of the writ petition on 24th August, 1963.

(3.) In the return filed by respondent No. 1, it was stated that the petitioner was enlisted as a Constable in the year 1945 and was confirmed as an Assistant Sub-Inspector of Police on 9th May, 1958. It was admitted that an enquiry against him commenced on the basis of a statement made by M.L. Shah to Shri Yog Raj, Inspector C.I.D., during the course of an investigation of a case against the former under Sections 414/411, Indian Penal Code, and the Opium Act, at Police Station C. Division, Amritsar.