V.G. Oak, J. - (1.) The short point for consideration in this writ petition is whether the petitioner continues to be a member of the police service.
(2.) In August 1961 the petitioner was posted in district Nainital as an Assistant Public Prosecutor. On 22-1-1962 he submitted his resignation to the Deputy Inspector-General of Police, Bareilly. On 19-2-1962 he was suspended. In March 1962 he was directed to present himself in Police Lines for departmental proceedings. On 20-3-1962 the Deputy Inspector-General of Police passed an order to the effect that, the petitioner's resignation could not be accepted in view of the departmental proceedings pending against him. According to the petitioner, he has ceased to be a police officer in view of the resignation submitted by him. It is contended on his behalf that, disciplinary proceedings under the Police Act are not competent, as he is no longer a police officer.
(3.) Mr. S.C. Khare appearing for the petitioner relied upon Section 9 of the Police Act. Section 9 of the Police Act states: "No police-officer shall be at liberty............... without the leave of the District Superintendent, to resign his office unless he shall have given to his superior officer notice in writing, for a period of not less than two months, of his intention to resign." According to Mr. Khare, Section 9 of the Police Act confers on all police officers the right to resign.;