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S. M. SIKRI, P. JAGANMOHAN REDDY, C. A. VAIDIALINGAM, G. K. MITTER, I. D. DUA
Union Of India – Appellant
Versus
Ram Kishan – Respondent
Judgment
SIKRI, CJI.: - The respondent, Ram Kishan, Head Constable, (hereinafter referred to as the Plaintiff) filed a suit challenging the order of dismissal passed against him on 3rd September, 1957 by Shri D. C. Sharma, Superintendent of Police (Central). The main attack was twofold. First it was alleged that Shri D. C. Sharma was not a District Superintendent of Police and, therefore, not entitled to dismiss the plaintiff. Secondly it was alleged that as the procedure prescribed by Rule 16.38 of the Punjab Police Rules was not followed, the departmental action taken against the plaintiff was illegal.
2. The version of the plaintiff as to what happened on 22nd June, 1957 was this. On 22nd June, 1957 he was on duty for the prevention of crime and while on his round he received information that some gamblers were gambling in a public place on Rouse Avenue. Consequently, he organised a raiding party. The gamblers, who were Harijans, outnumbered the police party and inflicted some injuries on the members of the party. Fearing that they would be hauled up, they approached a Harijan member of the Corporation as well as a Harijan Member of the Parliament, who telephoned to the plaintiff
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