S.R.Singh - (1.) DEVESH Mishra, a trainee Sub-Inspector of Police at P. T. C. Moradabad has approached this Court under Article 226 of the Const of India for a writ of certiorari quashing the impugned orders of expulsion dated 2-9-82 and the order of removal dated 8-9-1982.
(2.) INDUBITABLE factual matrix of the case may be recapitulated and they are that on being selected as a Cadet for training to the post of Sub Inspector of Police for the year 1981-82 the petitioner joined the Police Training College (1) Moradabad (hereinafter referred to as P. T. C) on 18-8-81 and was allotted Cadet No. 106 in the aforesaid college. In the course of training, the petitioner was granted leave and accorded permission to leave Training Centre from 7-3-82 to 14-3-82 on the occasion of holy festival obviously presupposing him to return and resume his duties/training at P. T. C. in the morning of 15th March 1982 The petitioner over-stayed his leave allegedly on the ground of some ailment as a consequence of which he was admitted to Swamp Rani Medical Hospital Allahabad after his initial treatment at Primary Health Centre Kuswapur, District Pratapgarh from 15-3-82 to 19-3-82, It is averred in the petition that the petitioner was discharged from Swarup Rani Medical College Allahabad on 31-3-82 after he had recouped and consequently, he could report at P. T. C. Moradabad and joined the Parade on 3-4-82 at 5 A.M. On 11-5-82, the petitioner was served with a show cause notice calling upon him as to why he be not removed from the aforesaid college on account of his absence from the training during the period from 15-3-82 to 3-4-82. The petitioner put in a reply to the aforesaid show cause notice and a copy of the reply is annexed to the petition as Annexure no. 2 A perusal of the reply testifies that the petitioner has tried to explain his absence for the period aforesaid on the ground of his ailment as aforesaid. Vide order dated 8-9-82 (Annexure 3 to the petition), the petitioner was sacked and removed from S.l.C.P. Training P.TC. Moradabad. The aforesaid order purports to have been passed in accordance with the provisions laid down in Clause 23 (ii) (b) of the P T.C Manual Part III. with the approval of the Director General-cum-Inspector General of Police U. P. as contained in his UO CON-106 (311)-82 dated 16-8-82 and conveyed to the D.I.G./ Principal, Police Training College, Moradabad vide AlG's Training UO. Note No. COT/V-176-81 dated 3-9-82. Earlier the petitioner was expelled from the College by order dated 2-9-1982 under paragraph 23 (ii) (a) of the P.T.C Manual. The validity and legality of these two orders of expulsion and removal dated 2-9-1982 and 8-9-1982 respectively are in question in this writ petition. I have heard and re-heard the learned counsel for the parties. Sri A. K. Sharma, learned counsel for the petitioner has submitted before me that the order of expulsion is vitiated for the reason that prior approval of the Inspector General (Police) was not obtained and that the punishment of removal from the college could have been awarded only for gross misconduct or flagrant and repeated breaches of discipline, which condition, according to the learned counsel, was not satisfied in the case in hard. As regards the punishment of removal from S.I.C.P. training, Sri Sharma has contended before me that the order of removal dated 8-9-1982 is vitiated for the following reasons- (a) that the prior sanction, if any, given by the Inspector General (Police) was violative of the principles of natural justice inasmuch as the petitioner was denied a fair and effective opportunity of hearing by the Inspector General (Police) prior to sanctioning the petitioner's removal from the college in that he was not supplied with a copy of the Principal report dated 2-8-82 nor was he required to have his say in respect of the report on the basis of which the prior sanction of the removal is said to have been given by the Inspector General (Police) as per order of removal: (b) that the prior sanction allegedly given by the Inspector General of Police and the order of removal dated 8-9-82 passed by the Principal are arbitrary in that they contain no reasons for discarding the petitioner's explanation to the show cause notice; and (c) that, in any case, the punishment of removal from S.I.C.P. training was excessive and contrary to the spirit of the caution-"should ordinarily be awarded to a Cadet who in the judgment of the Principal is unlikely to become an efficient Sub Inspector of Police", contained in clause (b) of Paragraph 23 (ii) of the Manual.
(3.) BEFORE appraising the legal questions involved in the case it would be useful to examine the nature and scope of paragraph 23 of the P.T.C. Manual referred to in the impugned order. The relevant portion of para 23 is quoted below for ready reference. "23. (i) Every cadet shall obey all rules of the college and all orders issued by the Principal or any member of the Staff and shall apply himself with diligence and punctuality to the performance of his duties. (ii) Cadets guilty of disobedience of orders, misconduct, subversive of discipline or remissness or negligence in the performance of their duties shall be liable to any or all of the following punishments. (a) Suspension and expulsion from the college by the Principal in anticipation of confirmatory orders from the Inspector General to whom a full report shall be submitted without delay. This punishment shall be reserved for gross misconduct or flagrant and repeated breaches of discipline. (b) Removal from the college with the prior sanction of the Inspector General. This punishment should ordinarily be awarded to a cadet who in the judgment of the Principal is unlikely to become an efficient Sub Inspector of Police. In such a case the Principal shall submit a detailed report to the Inspector General." Now the impugned order may also be reproduced in order to see whether it was made in due compliance of Paragraph 23 (i) (b) of the Manual. It is accordingly quoted as below. "S.I.C.P- Cadet No. 106 Devesh Misra of P.T.C. who has been expelled from this college vide this office order no. A-30 dated 2-9-82 is hereby removed from the S.I.C.P training from this college in accordance with the provisions laid down in 23 (ii) (b) of P.T.C. Manual Part III. This has got the approval of Director General-cum-Inspector General of Police, U. P., as contained in his U.O. Con-106 (311)-82 dated 16-8-82 and conveyed to this office vide AIG's Training U.O. Note No. COT/V-176-82 dated 3-9-82." No. Aa-3?/82 Sd/- B. P. Singhal, Dated 8-9-82. DIG and Principal, Police Training College (I) Moradabad." ;