JAGANMOHAN REDDY, C. J.

( 1 ) THESE second appeals have been referred to a Bench by our learned brother, Parthasarathi, J. , in view of the different points of view said to have been expressed in decided cases on some aspects of these appeals, namely whether the expression of any comment upon the alleged actions of the delinquents or of the proposed punishments in the very first show cause notice before enquiry would vitiate the enquiry and the finding. It appears that a head Constable and a police constable filed two suits in the District Munisifs Court Cuddaph, which are the subject-matter of these second appeals impugning the validity of the orders of dismissal dated 13/09/1960. The charges against them related to an incident regarding which their conduct was considered unmeritorious and reprehensible. The District Munisif, Cuddapah, disposed of these suits buy a common judgment and one of the issues he decided was whether the order of dismissal passed by Superintendent of Police, Cuddapah, on 13-9-1960 is illegal, arbitrary, ultra vires of his powers and against the canons of natural justice. he found this issue in favour of the plaintiffs holding that the enquring Officer had

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