SEBASTIAO P J BRITTO Vs. INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The applicant prays that a certificate be granted to him under Article 133 of the Constitution to enable him to appeal to the Supreme Court against the judgment of this Court dated July 29 1975.

(2.) The said judgment was passed in the Special Civil Application No. 60 of 1973 whereby the petitioner/present applicant, sought to obtain a writ of this Court quashing the order of the inspector General of Police reverting him from the post of Sub-Inspector of Police which he was temporarily occupying, to his substantive post of Head Constable. The case of the petitioner was that he was reverted for an act which according to the respondents constituted misconduct. The answer of the respondents in the' writ petition, who are also the respondents in the present application, was that the petitioner was reverted because he was unsuitable for the post of Sub-Inspector of Police. The case of the petitioner was that since there was a fact allegedly constituting misconduct proximate in time to the impugned order of reversion, the order is necessarily deemed to have been passed on the basis of misconduct even though there might be an act or acts which according to the respondents amounted to dereliction of duty. It was held by the order of this Court which is sought to be appealed against that the order impugned in the Writ Petition No. 60/73 could not with certainty be said to be based on the act constituting misconduct, as long as the possibility existed that the said order might be based on the act or acts constituting dereliction of duty. It is argued by Shri Kakodkar, learned counsel for the applicant, that there are no definite guidelines to ascertain whether an order of reversion passed in such circumstances infringes Article 311 of the Constitution. Shri Kakodkar invites my attention to a very recent judgment delivered on behalf of the Supreme Court by Alagiriswami J. The learned Judge observed:

(3.) I agree with Shri Kakodkar that there are questions involved in this! case to which the answers are not free from doubt. In my opinion such questions need to be decided by the Supreme Court. The certificate prayed for is granted.