A.P.Srivastava, J. - (1.) This is an appeal on behalf of Brij Raj Singh and Vindhyachal Rai against an order of Mr. Justice Mehrotra dated the 28th of September, 1956 by which he dismissed their petition filed under Article 226 of the Constitution.
(2.) The two appellants were employed as constables in the Police Department and were posted at Khudaipura Outpost, Police Station Kotwali, district Ghazipur, in October 1954. They were alleged to have beaten Head Constable Bacha Ram at the Outpost while he was performing his duty as a Head Constable. They were also alleged to be guilty of indiscipline as they had submitted applications direct to the Deputy Inspector General of Police and not through the proper channel. On these facts two charges: were framed against them under Section 7 of the Police Act. They were tried and both the charges were found established against them by the Superintendent of Police. He directed their dismissal. They went up in appeal to the Deputy Inspector General of Police and then in revision to the Inspector General of Police but without success. They therefore, filed the writ petition out of which this appeal has arisen and challenged the order of their dismissal mainly on the ground that the provisions of sub-para I of the paragraph 486 of the Police Regulations had not been followed in their case as was obligatory and that on that account their trial under Section 7 of the Police Act stood vitiated. The learned Judge who heard the petition rejected the contention as he was of opinion that action against the appellants had been taken under sub-para III of para 486 of the Police Regulations which was an independent sub-para and was not restricted by sub-para 1 of that para. Against the order of the dismissal of their petition, the appellants have now come up in appeal.
(3.) It is contended by the learned counsel for the appellants that the view which Mr. justice Mehrotra took in respect of the two Sub-Paragraphs of Para 486 of the Police Regulations is not in conformity with the two subsequent Division Bench decisions of this Court - the first reported in Mohammad Umar v. Inspector General of Police, U.P. (S) MANU/UP/0210/1957 , AIR1957 All 767 , (1957 )II LLJ470 All and the other in Babu Ram v. U.P. Government MANU/UP/0146/1958 , AIR1958 All 584 , 1958 CriLJ994 and that the decision under appeal is, therefore, liable to be set aside on account of the later rulings. Learned counsel for the respondents, however, put forward three grounds in support of his contention that the appeal should fail.;