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1978 DIGILAW 415 (MP)

Ran Bahadur Singh v. I. G. Police, Bhopal

1978-04-27

C.P.SEN, G.P.SINGH

body1978
Short Note : 1. The petitioner was a Head Constable. By order dated 27th September 1973, the petitioner was dismissed from service on certain charges by the Superintendent of Police, Durg. The petitioner filed an appeal which was dismissed by the Deputy Inspector General of Police. The petitioner then filed a second appeal which was also dismissed by the Inspector General of Police. The petitioner then filed this petition under Article 226 of the constitution challenging the order of dismissal. Held: Moreover, the gravamen of the charge against the petitioner is that by not entering the reports of the Kotwars and also by not entering the departure of constable Faizali for the village and his arrival from the village, the petitioner intended to grab the gold Mohars in league with Faizali. The omission to take notice of the reports of the Kotwar was a step taken to grab the gold Mohars. Even otherwise, the learned counsel is not right in submitting that the petitioner was not bound to enter the reports made by the Kotwar in the Roznamcha. Section 4 of the Treasure-Trove Act lays a duty on the finder of the treasure to report the matter to the Collector. Pusau did not make any such report. By not making the report, as required by section 4, Pusau became liable for the offence under section 20 of the Act. Even if this offence was a non-cognizable one, the petitioner was bound to record the reports made by the Kotwars as required by paragraph 714 of the Police Manual in a general diary. There is thus no merit whatsoever in the contention that by not entering the reports made by the Kotwars the petitioner was not guilty of any misconduct. 2. It is for the disciplinary authority and the appellate authority to decide as to what punishment should be imposed having regard to the nature of the charges. When the appellate authorities were alive to the question of punishment, we cannot substitute our own view in that matter. Moreover, it cannot be said that having regard to the seriousness of the charges, the punishment of dismissal was not justified. Petition dismissed.