Imprisonment till the rising of the Court falls under the category of imprisonment as per S.12(1) of the Central Reserve Police Force Act, 1949, and therefore, a regular disciplinary enquiry is not warranted.

Petitioner was prosecuted for absenting himself from duty without permission on 6-8-1986 from the special train in which he was travelling. He is alleged to have committed offence under S.10(m) of the Central Reserve Police Force Act, 1949 (for short, the act). He was also accused of leaving the train without handing over the charge of the vehicle which was carried in the train. He was produced before the Magistrate of the First Class and Assistant Commandant, Shilling. Though he pleaded guilty to both the charges, the Magistrate recorded the statements of five prosecution witnesses and gave him an opportunity to cross-examine them. He declined to cross-examine the witnesses. Considering his 18 years of service to the entire satisfaction of the superiors, the Magistrate took a lenient view and convicted him till the rising of the Court.

2. As a result of the judicial trial and consequent conviction petitioner was dismissed from service with effect from 13-12-1986 under S.12(1) of the Act. Petitioner filed appeal under R.28 of the C.R.P.F. Rules, 1955. The appeal was rejected by the first respondent as per Ext.P4 order.

3. Petitioner's case is that he felt giddy on account of high temperature and as advised by the superior officers he got out of the train to get some medicine, that on his way to the medical shop he fell unconscious and that before he could realise about it he was admitted in a Government hospital and after eight days only he recovered from the illness. It is also stated by him that he had sent a telegram to the Commandant of 50th Battalion (second respondent) stating the above facts.

4. Petitioner submits that Ext.P4 order dismissing him from service under S.12(1) of the Act cannot be legally sustained as there was no actual incarceration. The argument is that conviction by the Magistrate was only till the rising of the Court and this would not amount to imprisonment in the legal sense and therefore the action taken under S.12(1) without any proper disciplinary enquiry is without any justification. S.12(1) reads:

"Every person sentenced under this Act to imprisonment may be dismissed from the Force, and shall further be liable to forfeiture of pay, allowances and any other moneys due to him, as well as of any medals and decorations received by him".

From the reading of S.12(1) it is clear that if the authorities want to proceed under this section it is not necessary to observe the formalities of a regular disciplinary enquiry. Action can be taken against the delinquent officer the moment he has been convicted and punishment of imprisonment has been imposed.

5. The question that falls for consideration is whether imprisonment till the rising of the Court would form a different category of punishment from imprisonment in a jail so as to exclude the application ofS.12(1) of the Act. Petitioner contends that imprisonment till rising of the Court cannot be construed as actual imprisonment and so first respondent was not justified in straight away invoking S.12(1) of the Act.

6. Imprisonment as defined in the General Clauses Act, 1897 means imprisonment of either description as defined in the Indian Penal Code. S.53 of the I.P.C. specifies imprisonment of two descriptions namely, (1) rigorous i.e. with hard labour and (2) simple. Merely because imprisonment is understood in common parlance as confinement of a person in a penitentiary or jail, imprisonment till the rising of the Court cannot be given an altogether different meaning and cannot be characterised as another sort of punishment. Though sentence of imprisonment till the rising of the Court does not amount to confinement in a jail or subjection to jail discipline, such conviction and sentence do not come under an entirely different and separate category of punishment. It is true that in a case of imprisonment till the rising of the Court accused cannot be detained in jail on a warrant issued for such period. Nevertheless imprisonment for one day and dete