UNION OF INDIA versus RAM KISHAN

UNION OF INDIA versus RAM KISHAN

The appeal must fail because the mandatory provisions of Punjab Police Rule 16.38 were not complied with; no immediate information was given to the District Magistrate and he did not decide who should investigate the complaint, thereby vitiating the departmental inquiry and rendering the dismissal order illegal.

Parties
Appellant: Union of India; Respondent: Ram Kishan
Jurisdiction
India
Judgment Date
07 May 1971
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Punjab High Court Judgment and Decree Dated October 12, 1966
Outcome
Appeal dismissed
Legal Topics
Departmental Inquiry, Dismissal of Public Servant, Compliance With Statutory Rules
Administrative Law Employment Law Departmental Inquiry Dismissal of Public Servant Compliance With Statutory Rules

Case Brief

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Parties

Union of India

Appellant

Ram Kishan

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Punjab High Court Judgment and Decree Dated October 12, 1966

Legal Issues

  1. 1 Whether the Superintendent of Police (Traffic), Delhi was competent to dismiss the respondent
  2. 2 Whether the mandatory provisions of Punjab Police Rules, particularly rule 16.38, were complied with

Ratio Decidendi

The appeal must fail because the mandatory provisions of Punjab Police Rule 16.38 were not complied with; no immediate information was given to the District Magistrate and he did not decide who should investigate the complaint, thereby vitiating the departmental inquiry and rendering the dismissal order illegal.

Court Disposition

Appeal dismissed

Orders

  • Dismissal order is declared illegal
  • Appeal dismissed with costs