Judgment:

VENKATARAMA AIYAR, J. : This is an appeal by special leave against the judgment of the High Court of Mysore in a Writ Petition filed by respondent challenging the validity of an order of dismissal dated July 5, 1956 made by the Deputy Inspector General of Police, Belgaum. The respondent entered service in the Police Department as a constable in the District of Dharwar in 1940 and was at the material dates a sub-inspector of Police. On a complaint preferred by one Machwe of Kurdiwadi against him, Mr. Majumdar, Inspector, C. I. D. made a preliminary investigation, examined a number of witnesses and recorded their statements, and submitted his report recommending further action. On that the Deputy Superintendent of Police, Belgaum, started proceedings against the respondent, framed six charges against him, and called for his explanation. The respondent denied the charges, and then a regular inquiry was held on November 4, 1954. Clause (8) of S. 545 of the Bombay Police Manual which lays down the procedure to be followed in such inquiries is as follows :

"The officer conducting the inquiry should then recall all necessary witnesses in support of the charge and, in the defaulter