H. R. KRISHNAN, J.

( 1 ) THIS is an application by a Sub-Inspector of Police who was dismissed by the order of the Deputy Inspector General Police, Northern Range (M. B.) after show cause notices, inquiry and report by the S. P. Guna. The gravamen of his case is that because he was appointed by the I. G. of Police of the erstwhile Gwalior state, and after the constitution of the Madhya Bharat confirmed by that government in its services, his dismissal by the D. I. G. is illegal and in contravention of Article 311 (1) of the Constitution as this authority is subordinate in rank both to the State Government and to the I. G. of Police Madhya Bharat. He has also urged that the conduct of the inquiry was in contravention of the provisions of the Punishment and Appeal Rules, the Madhya Bharat Police Act and police Regulations (paragraph 234 ). Accordingly, he has prayed for issue of a writ of certiorari quashing the order of the D. I. G. , and directing the grant of all consequential reliefs.

( 2 ) THE main points for decision are whether, the applicant was appointed by the I. G. Police erstwhile Gwalior, or by the Government of Madhya Bharat, or by the I. G. M. B. ; and whether in the first alternative the dismissal by the D. I. G. N. R. M. B. is a contravention of the Article 311 (1 ). Besides, the compliance or otherwise with the Police Act, Rules, or Regulations have also to be examined.

( 3 ) THIS is typical of a particular class of application against dismissal of the pre-accession "native State" employees. As there has been some apparent conflict between some of the rulings in similar cases it is convenient to state the facts at some length, and bring out the different, and mutually exclusive phases of this application.

( 4 ) THE applicant was appointed Sub-Inspector of Police on 2-1-1939 by the I. G. of police of the erstwhile State of Gwalior; and was actually working as such in 1948 when the new State of Madhya Bharat was constituted-He continued in service of the new State. On 31-8-1950 a notification No. S997 Int. was published in the gazette, showing the provisional gradation of P. Is. , S. Is. and Inspectors of police. This list had been prepared in accordance with certain principles enunciated in the Chief Secretary's memorandum dated 9-12-1948 and also the particulars relating to training and experience. The signatory is the Superintendent of Police C. I. D. , and it was issued from the office of the I. G. P. Anybody aggrieved with the gradation was invited to make the appropriate application for revision within 2 weeks; otherwise he would be deemed to have accepted his position in the provisional gradation list. Serial No. 106 to the cub-Inspector's list was the name of the present applicant. The applicant worked on as S. I. Police but in 1952 he got into difficulties. Certain complaintshaving been received against him, proceedings were started by the S. P. Guna in which district he was then working. A formal charge-sheet containing 18 counts of corruption, and bribery was prepared,, and served sn the applicant; he was invited to show cause and submit his explanation. The S. P. held an inquiry affording opportunity to the applicant for adducing evidence, cross-examining the witnesses and the like. Uutimately, the S. P. gave a report an the charges and the findings to the D. I. G. Northern Range recommending that he should be dismissed from service. The D. I. G. , accepted the S. P. 's findings in regard to 7 out of the 18 charges and decided that the punishment of dismissal should be meted out. Accordingly, the D. I. G. issued the punishment notice, asking for cause, with the copies of charges, S. P. 's report and his own order. The cause being unacceptable, the order of dismissal was passed by the D. I. G. on 2-6-1953. The applicant filed an appeal to the I. G. of Police, but it was dismissed. 1c appears that the I. G. has got an Assistant I. G. , who puts up notes on such cases; the applicant says that in this cas

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