STATE OF MYSORE AND ORS. versus H. D. KOLKAR
Rule 17(2) of the Bombay Police (Punishment and Appeal) Rules, 1956, by which the State Government sought to acquire power to call for records and revise orders (including enhancing punishment) passed under Section 25(2)(a), was beyond the competence conferred by Section 25(2)(c); enhancement of punishment by the...
Source-derived case information.
- Parties
- Appellant: State of Mysore and Ors.; Respondent: H. D. Kolkar
- Jurisdiction
- India
- Judgment Date
- 10 October 1973
- Procedural Posture
- Civil Appeal / Supreme Court Final Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Disciplinary Proceedings, Ultra Vires/subordinate Legislation, Enhancement of Punishment
Source-derived case record
Summary, issues, holding and outcome
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Parties
State of Mysore and Ors.
Appellant
H. D. Kolkar
Respondent
Procedural Posture
Civil Appeal / Supreme Court Final Decision
Legal Issues
- 1 Whether Rule 17(2) of the Bombay Police (Punishment and Appeal) Rules, 1956 is ultra vires Section 25(2)(c) of the Bombay Police Act, 1951
- 2 Whether the State Government is competent to enhance the punishment imposed by the Superintendent of Police under Section 25(2)(a)
Ratio Decidendi
Rule 17(2) of the Bombay Police (Punishment and Appeal) Rules, 1956, by which the State Government sought to acquire power to call for records and revise orders (including enhancing punishment) passed under Section 25(2)(a), was beyond the competence conferred by Section 25(2)(c); enhancement of punishment by the Government was ultra vires and invalid.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs
- Order enhancing punishment by Government quashed
Full Case Text
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