Judgment

MITTER, J.:- This is an appeal by special leave from a judgment and order dated April 11, 1963 of the Punjab High Court (Circuit Bench at Delhi) in a Letters Patent Appeal which summarily dismissed the appeal preferred by the appellant from a judgment and order in a Second Appeal upholding the decree in favour of the respondent passed by the Additional District Judge, Delhi.

2. The questions canvassed in this appeal were whether the dismissal of the respondent from service in the police force was illegal on the ground that the officer entrusted with the departmental enquiry against the respondent was not a police officer; secondly, whether the order of dismissal passed by Shri Jagannath was invalid because he was not a District Superintendent of Police; and thirdly, whether the dismissal was void on account of non-compliance with the provisions of Rule 16.38 of the Punjab Police Rules.

3. In order to appreciate the points raised, it is necessary to state the following relevant facts. The respondent had been appointed a Sub Inspector of police by the Inspector-General of Police in Sind before the partition of India and was thereafter posted in Delhi by the Deputy Inspector-Gen