Judgment

HEGDE, J.-Scope of Article 311(1) of the Constitution comes up for consideration in this appeal by certificate. The High Court of Madhya Pradesh has opined that the power of dismissal and removal referred to in Article 311(1) implies that the authorities mentioned in that Article must alone initiate and conduct the disciplinary proceeding culminating in the dismissal or removal of a delinquent officer.

2. The respondent herein was a Sub-Inspector of Police in the State of Madhya Pradesh. A departmental enquiry was initiated against him on the basis of certain charges, by the Superintendent of Police, Surguja, on June 24, 1962. After holding the enquiry as prescribed by the Central Provinces and Bihar Police Regulations, the Superintendent of Police submitted his report to the Inspector-General of Police, Madhya Pradesh through Deputy Inspector-General of Police, Raipur. On the basis of the enquiry held by him, the Superintendent of Police concluded that the respondent was guilty of the charges levelled against him. He recommended his dismissal. After receiving the report of the Superintendent of Police, the Inspector-General sent a copy of the same to the respondent and cal