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PETITIONER: THE STATE OF UTTAR PRADESH
Vs.
RESPONDENT: MOHAMMAD NOOH
DATE OF JUDGMENT: 30/09/1957
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA IMAM, SYED JAFFER SARKAR, A.K.
CITATION: 1958 AIR 86 1958 SCR 595
ACT: Certiorari, writ of-Principles governing issue-Availability of alternative remedy by appeal, if a bar-Departmental en- quiry Violation of principles of natural justice-Presiding officer himself witness-- order of dismissal made previous to the Constitution Revision disallowed after the Constitu- tion-Such order, if can be quashed-Constitution India, Art. 226.
HEADNOTE: A departmental enquiry against the respondent, a Head Con- stable, was held by the District Superintendent of Police. During the enquiry the District Superintendent of Police himself became a witness and gave evidence at two stages against the respondent, his statement being recorded by a Deputy Superintendent of Police. The District Superintend- ent of Police then found the respondent guilty and on April 20, 1948, passed an order of dismissal against him. The respondent went up in appeal to the Deputy Inspector General of Police but the appeal was dismissed on May 7, 1949. The respondent then filed a revision appli...