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2006 Supreme(SC) 65

S.B.SINHA, P.P.NAOLEKAR
Commissioner of Police – Appellant
Versus
Syed Hussain – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points with their respective references:

  • Subject and Case Details: The case is The Commissioner of Police and Ors. versus Syed Hussain, Civil Appeal No. 6319 of 2004, decided by the Supreme Court of India on 25-1-2006, involving administrative law and service law regarding the removal of a police constable from service. (!) (!)
  • Nature of Misconduct: The respondent, a police constable, was found guilty of misconduct for standing as a surety for an accused (Ahmed Qureshi) involved in 32 snatching cases, aiding the accused in fleeing justice, and helping other criminals secure bail. (!) [1000346810001][1000346810002][1000346810012]
  • Admission of Guilt: The

JUDGMENT

This appeal is directed against the order dated 7.8.2003 passed by the Division Bench of the High Court of judicature of Andhra Pradesh at Hyderabad in Writ Petition No. 15966/2003 whereby and whereunder the Writ Petition filed by the respondent herein against a judgment and order dated 22.4.2003 passed by the Andhra Pradesh Administrative Tribunal at Hyderabad in O.A. No. 6884/2002 was allowed in part.

2. The respondent was a police constable. He stood as surety to one Ahmed Qureshi. The said person was accused in 32 cases involving snaching of goods from other persons.

3. The alleged misconduct on the part of the respondent was admitted. A departmental proceeding was initiated against him and upon return of verdict of guilt by the inquiry officer, the respondent was directed to be removed from service by the Disciplinary Authority. The respondent filed an Original Application before the Andhra Pradesh Administrative Tribunal questioning the said order. The Tribunal considered the matter in depth and opined that there was no merit in the said application. The Tribunal noticed that the inquiry officer in his report arrived at a finding of fact that the respondent herein knew















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