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PETITIONER: BHAGAT SINGH
Vs.
RESPONDENT: THE STATE OF PUNJAB
DATE OF JUDGMENT: 21/07/1960
BENCH: WANCHOO, K.N. BENCH: WANCHOO, K.N. GAJENDRAGADKAR, P.B. HIDAYATULLAH, M. GUPTA, K.C. DAS SHAH, J.C.
CITATION: 1960 AIR 1210
ACT: Government Servant--Dismissal--Member of subordinate rank of police forces--Police officer committing Offence--Departmental enquiry and dismissal--Validity--Dismissal from service without fresh show cause notice--Legality--Police Act, 1861 (V of 1861), SS. 29, 35--Government of India Act, 1935 (25 & 26 Geo. 5, Ch. 42), SS. 240(3), 243.
HEADNOTE: The appellant, who was employed in the Punjab Police, was found while working as a Police Censor to have detained certain letters illegally and later to have made use of copies and photographs of the them for blackmail. He was consequently reverted to his substantive post of head constable on January 14, 1944. Thereafter an enquiry was started against him by the Superintendent of Police and eventually he was dismissed from service on January 25, 1944. His representations to higher authorities having failed he instituted a-suit challenging the legality of the order of dismissal on the grounds, inter alia, (1) that S. 240(3) of the Government of India Act, 1935, had not been complied with, and (2) that as the appellant was alleged to have ...