M.K.Mukherjee, J. - (1.) WHILE posted as a Sub -Inspector of Police of Allahabad Cantonment Police. Station the appellant was entrusted with the investigation of case crime No. 45 of 1987 registered under Sections 279, 337 and 427 of the Indian Penal Code. On completion of investigation he submitted a charge -sheet against one person relying on his confession made to and recorded by him. The appellant was thereafter asked to show cause why a misconduct entry should not be made in his character -roll for having submitted charge -sheet solely on the basis of the confession, which was not admissible in evidence. As the cause shown by him was found unsatisfactory, the Superintendent of Police (City) Allahabad made the following misconduct entry in his character -roll: 1990 Aggrieved thereby he filed a departmental appeal which was dismissed by the Deputy Inspector General of Police. A revisional application filed thereafter also met with the same fate. Thereafter he filed a writ petition before a learned Judge of this Court which was also dismissed in limine. Hence this special appeal at his instance.
(2.) THE only point that was urged in support of the appeal was that even if the allegation made against the appellant was accepted as true it could and did not amount to 'misconduct' under Regulation 478 of the U.P. Police Regulations '(Regulations' for short) so as to justify an adverse entry to that effect in his character -roll. Regulation 478, to the extent it is relevant for our present purposes, reads as under: 478. All Police Officers appointed under Section 2 of the Police Act are liable to the following departmental punishment - -
(3.) AS admittedly, the appellant is to be governed by the above Regulation, the only question that seeks an answer in this appeal is whether the appellant by submitting charge -sheet against an accused solely relying upon his confession before him committed a 'misconduct' within the meaning of the above Regulation.;