Karnataka High Court
Judges : H.Hombe Gowda,Santosh Duggal
SYED HASSAN ALI - Appellant
Versus
STATE OF MYSORE - Respondent
Writ Petition 1253 Of 1962
Decided On : 02/11/1965
Art. 226 - Quashing of dismissal from service - Hyderabad Civil Services (Classification, Control and Appeal) Rules, 1955 - Counts 3 and 4 in the memo of charges dated 20 November, 1957 and all the nine counts in the charge-memo dated 26 June, 1958 - Summary dismissal from service - Appeal to the Government - Writ petition challenging the dismissal - Dismissal of the writ petition
Fact of the Case:
The petitioner, a sub-inspector of police, was dismissed from service based on charges of obtaining illegal gratification and gross negligence in duty. The Inspector-General of Police and the Government confirmed the dismissal. The petitioner filed a writ petition challenging the dismissal.
Finding of the Court:
The Court found that the petitioner's contentions regarding the discussion of defense evidence, examination of additional witnesses, and the nomination of the enquiry officer were not substantial enough to warrant interference in the departmental enquiry. The Court also held that the Government's order, though laconic, did not warrant interference.
Issues: Lack of proper discussion of defense evidence, examination of additional witnesses, and nomination of the enquiry officer
Ratio Decidendi: The Court will not interfere in departmental enquiries unless there is a total lack of evidence or a contravention of constitutional provisions. Failure to object to jurisdiction before the lower Court precludes the petitioner from challenging the jurisdiction later. In departmental proceedings, it is not necessary to give elaborate reasons in disposing of an appeal.
Final Decision: The writ petition challenging the dismissal from service was dismissed.
( 1 ) IN this application under Art. 226 of the 226, the petitioner prays that this Court may be pleased to quash by the issue of a writ of certiorari or and other appropriate writ or order, as the case may be, the orders of the Inspector-General of Police (respondent 2) dated 17 December, 1960 dismissing the petitioner from service, and the order of the Government (respondent 1)dated 21 March, 1962 confirming the said order of dismissal.
( 2 ) THE petitioner was a sub-inspector of police at Gogi in Gulbarga district. On 20 November, 1957 a memo of charges was given to the petitioner alleging that he had obtained illegal gratification from villagers. The petitioner I alleged to have taken illegal gratification from the five persons mentioned in the said charge-memo. On 26 June, 1958 a second memo of charges was issued against the petitioner alleging gross negligence in the discharge of his duties and accepting illegal gratification. The first eight counts related to gross negligence of duty and the ninth count was that he demanded and received illegal gratification of Rs. 325 from one rayappa. When these charges were pending enquiry, the petitioner was dismissed from service by the Deputy Inspector-General of Police on an earlier charge framed against him for having behaved in a high-handed and unmannerly way against one Veeraswami. In the appeal filed by the petitioner, the Inspector-General of Police, however, altered the punishment form dismissal to one of reduction by two stages in the time-scale for a period of two years with adverse effect on future increments. Thereafter the enquiry, in respect of the two memos of charges mentioned above, was taken up against the petitioner and Sri Billimoria, Deputy Superintendent of Police, was appointed enquiry officer. The petitioner objected to the enquiry by Sri Billimoria on the ground that he was prejudiced against him. Then another Deputy Superintendent of Police, Sri mallappa, was appointed as the enquiry officer. As the petitioner did not appear before him, the enquiry was proceeded with ex parte. On an appeal filed by the petitioner to the inspector-General of police, the Inspector-General of Police remanded the matter for fresh enquiry and that all the witnesses should be examined in the presence of the petitioner and he should be given an opportunity to cross- examine them. He directed that the enquiry should be conducted by the Deputy Superintendent of Police, Gulbarga Division. As this latter officer was transferred, the enquiry was conducted by Sri Dhruva Rao, Deputy Superintendent of Police, yadgir. Thirty prosecution witnesses were examined before the enquiry officer and the petitioner examined five defence witnesses. The enquiry officer held the petitioner guilty of counts 3 and 4 in the memo of charges dated 20 November, 1957. Count 3 related to accepting illegal gratification of Rs. 100 from Rangappa. With regard to the memo of charges dated 26 June, 1958, he found the petitioner guilty of all the nine counts. Counts 1 to 8 related to gross negligence of duty. Count 9, which was held proved, was that he kept Harijan Rayappa in custody and would not release him unless he paid him Rs. 325; Rayappa had to raise this amount and pay the petitioner by selling his two bullocks and his cart.
( 3 ) UNDER the Hyderabad Civil Services (Classification, control and Appeal) Rules, 1955, the inspector-General of Police being the authority competent to dismiss the petitioner, the papers were submitted to the Inspector-General of Police. After going through the papers, the inspector-General of Police, on 23 April, 1960, issued a show-cause notice to the petitioner as to why he should not be dismissed from service. The petitioner submitted his explanation and demanded a personal hearing. The Inspector-general of Police gave him a personal hearing on 24 november, 1960. The petitioner also presented a further written representation. The inspector-General of Police, afte
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