- (1.) THIS is an application under Article 226 of the Constitution praying that a writ in the nature of certiorari be issued quashing the order of the applicant's removal from service, dated 25 March 1953 passed by the Deputy Inspector General of Police, Western Range, Meerut. It was farther prayed that the subsequent orders passed by the Inspector-General of Police on appeal and the state Government on revision be also quashed, and that the opposite parties be directed to treat the applicant as continuing in service.
(2.) THE applicant was working in the police department as an inspector of police at Multan before partition. After partition he came over to India and on 21 December 1947 he was appointed as circle inspector of police in the State of Uttar Pradesh under the orders of the State Government. He was posted at Mainpuri district and while he was working at Shikohabad as circle inspector he was reverted to the post of a sub-inspector of police in April 1950 and transferred to bulandshahr. In April 1952, while he was serving as station officer at police station Nohjhil in the district of Mathura he was suspended with effect from 29 April 1952 by the superintendent of police, Mathura, and ordered to live in the police lines at Mathura. Thereafter proceedings under section 7 of the Police Act were started against the applicant and on 21 May 1952 he was handed over a chargesheet. On 26 May 1952 the prosecution evidence was started at the residence of the superintendent of police and the statements of some of the witnesses were recorded. 29 May 1952 was then fixed as the next date of hearing. On 26 May 1952 the petitioner alleges that he got a severe attack of sciatica and was treated by the civil surgeon, mathura. On 29 May 1952 when the case was fixed for hearing he was feeling completely exhausted and he applied for the adjournment of the case. But the application was rejected. The applicant could not on account of week state of health properly cross-examine the two important witnesses Nathi and Dhan Raj. On 6 October 1952 the superintendent of police, Mathura, recorded his findings holding charges 1 and 2 proved against him but found that charge 3 was not established against him. Thereafter the report of the superintendent of police was sent to the deputy Inspector-General of police and towards the end of January 1953, according to the applicant the Deputy Inspector-General of police, Western Range, sent for the applicant to appear before him in connexion with his inquiry. When he appeared before him certain questions were put to him by the Deputy Inspector-general of police and he was asked to explain his conduct. On the 7 April 1953 the applicant received the order of removal passed by the Deputy inspector-General of police, Western Range, Meerut, dated 25 March 1953 and an appeal was filed to the Inspector-General of police but by his order, dated 15 September 1953 he dismissed it. A revision was then filed to the State Government which was also rejected on 22 June 1955 and the present petition is filed in this Court. Notices were issued to the opposite parties who are state of Uttar Pradesh, the Inspector-General of police, the Deputy Inspector-General of police, western Range, and the superintendent of police, Mathura. A counter affidavit has been filed on behalf of the State controverting some of the facts mentioned in the affidavit filed in support of the petition.
(3.) A number of points have been urged by the applicant. It was contended that the superintendent of police and the Deputy Inspector-general of police, Western Range, had no magisterial powers under Section 35 of the police Act and as such the trial under Section 7 of the Police Act held by them was without jurisdiction. It is not necessary to deal with this point at length because in view of a Full Bench decision of this Court the point was not pressed at the time of argument.;