The State Government has the power to enhance the punishment imposed upon a police officer in an appeal preferred by the officer against the order of the Inspector General of Police giving a lesser punishment, but it is required to give a fresh notice to the officer that it proposes to inflict a higher penalty.

1. In this case the petitioner Sri Makeshwar Nath Shrivastava has obtained a rule from the High Court calling upon the respondents to show cause why a writ in the nature of certiorari under Article 226 of the Constitution should not be issued for quashing the order of the State Government dated She 7th November, 1959, dismissing the petitioner from the post of Officiating Inspector of Police.

2. Cause has been shown by the Additional Government Pleader on behalf of the respondents to whom notice of the rule was ordered to be given.

3. It appears that in July, 1955, a proceeding was intiated against the petitioner, who was at that time an Inspector of Police at Saharsa, for misappropriation of property recovered in Katihar Government Railway Police station case No. 14, dated the 17th April, 1955, under Scctions 379 and 414 of the Indian Penal Code. The petitioner had showed cause and an inquiry was held by respondent No. 5, Sri M.B. Haque, who was Wing Commander of the Railway Protection Police of Samastipur.

4. On the 25th April, 1956, and on the 7th May, 1957. respondent No. 5 submitted his report to the Deputy Inspector General of police, holding that the chargcs against the petitioner were established. The Deputy Inspector General of police agreed to the finding of respondent No. 5 and submitted the proceedings to the Inspector General of Police. A notice was given to the petitioner by the Inspector General of Police to show cause why he should not be dismissed from service. The petitioner submitted his explanation and he was also granted personal interview by the Inspector General of police on the 29th September, 1958.

On the 30th September, 1958, the Inspector General of Police held that the charge of misappropriation of property was not established against the petitioner beyond reasonable doubt. At the same time, the Inspector General of Police considered that the petitioner should he reverted to the rank of Sub-Inspector for on? year in view of his unsatisfactory record of service. The petitioner thereafter filed a memorandum of appeal to the State Government. On the 7th November, 1959. the State Government set ande the order of the Inspector General of Police reverting the petitioner to the rank of Sub Inspector of Police for one year.

The State Government took this action since it was of the view that the petitioner was not given an opportunity to explain his conduct with regard to the adverse remark recorded in his confidential character roll. But the Government was of the view that the findings of the Deputy Inspector of Railway Police with regard to the charge of misappropriation of cloth in Katihar Government, Railway Police Station case No. 14, dated the 17th April, 1955, were proved beyond reasonable doubt against the petitioner. The Government accordingly ordered that the petitioner should be dismissed from Government service.

The order of the State Government is annexure 14 to the writ application and reads as follows;

No. II/MI--3021/59--PP.

Government of pihar. Political Department.

(Police Bamch).

From,

Shri K. B. Sharma,

Deputy Secretary to Government,

To,

The Inspector General of Police,

Bihar, Patna.

Patna, the 7th November, 1959.

Subject : Appeal from S. I. of Police Shri M. N. Shrivastava against orders of Inspector General of Police, Bihar, reverting him to the rank of S. I. of Police.

Sir,

I am directed to refer to Memo No. 1305-A/VII--10-2-59, dated the 23rd March, 1959, from Assistant to the Inspector General of Police, Bihar, forwarding therewith an appeal filed by Shri M. N. Shrivastava, S. I. of Police, against the order of reversion passed by the Inspector General of Police Bihar.

Government have carefully considered the appeal and the proceedings No. 19/55 drawn up against the S. I. Shri M.N. Shrivastava and consider that the orders passed by the Inspector General of Police Bihar, to revert him from the rank of officiating Inspector of Police to t