S. R. DASS, SYED JAFAR IMAM, T. L. VENKATARAMA AYYAR, VIVIAN BOSE, A. K. SARKAR
State Of U. P. – Appellant
Versus
Mohammad Nooh – Respondent
Judgment
S. R. DAS, CJI. (with him, T. L. Venkatarama Aiyer, Syed Jafar Imam and A. K. Sarkar JJ.) ) - This is an appeal filed under a certificate of fitness granted by the High Court of Judicature at Allahabad under Arts. 132 (1) and 133(1) (c) of the Constitution. It is directed against the judgment and order of a Division Bench of the said High Court pronounced on March 10, 1952, in Civil Misc. Writ no. 7376 of 1951 quashing the departmental proceedings against the respondent and the orders passed therein, namely the order for his dismissal passed by the District Superintendent of Police on December 21, 1948, the order of the Deputy Inspector General of Police passed on June 7, 1949 dismissing his appeal against the order of his dismissal and the order of the Inspector General of Police dated April 22, 1950 rejecting his application for revision. The judgment of the High Court also directed that, if it were desired to proceed against the respondent, the trial should be presided over by a person other than the District Superintendent of Police who gave evidence in the case and also passed the order of dismissal against the respondent and that it should be in strict conformity with
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