# STATE OF UTTAR PRADESH & ORS v. HARISH CHANDRA SINGH

- **Citation:** [1969] 3 S.C.R. 392
- **Court:** Supreme Court of India
- **Decided:** 1969-01-17
- **Bench:** S. M. Snou, R. s. BACHAWAT, K. s. HEGDE
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/state-of-uttar-pradesh-ors-v-harish-chandra-singh-4876
- **Pages:** 8

## Headnote

Constitution of India Art. 311(1)--Consideration of past record01nission in show cause-Whether justifies lesser pena/~v.
Police A.ct, 1861, ss. 7 and 29-Scope of-Prosecution under s. 29,
need not precede charges under s. 7.
A
B
The respondent, was selected by the Deputy Inspector General of
Police for admission to the Police Training College, and the result declarC
ing him successful was issued by the order of the Inspector General of
Police, and bis appointment announced in the police gazette.
While the
respondent was serving as a Sub-Inspector of Police. charges were framed
against him, under s. 7 of the Police Act, 1861. The Superintendent of
Police gave a report mentioning his past record, and recommended his
'removal from service. Notice to show cause, enclosing the findings of the
Superintendent of Police was served on the respondent.
The Deputy
Inspector General, held the enquiry, and agreed with the findings of the
D
Superintendent of Police. The respondent filed an appeal to the !nspectorGeneral of Police, which was rejected.
In their order, both the Deputy
Inspector General and Inspector General, took into consideration the past
record of the respondent.
The respondent filed a suit for a declaration
th:1t his removal was illegal and ineffective.
The trial court dismissed the
suit, but the High Court decreed the suit holding that no opportunity was
given to the respondent to expl¥n his past record which \Vas ta.ken into
E
consideration.
In appeal to this Court, the State contended that the respondent had notice that his past ·record would be taken into considerati-.:>n.
and alternatively, if the past record was t~.kcn into consideration for imposing lesser oenalty, it was not necesary to mention in the show cause notice
that the past record would be considered.
The respondent contended
that there has been breach of Art. 311 ( 1) of the Constitution as he was
appointed by the Inspector General of Police and removed by the Deputy
Inspector General of Police and that he should have been tried
under
F
s. 29 of the Police Act, before he was charged under s. 7.
HELD : The suit must be dismi.sed.
(i) The respondent had notice that his past record would be taken
into consideration because the Superintendent of Police had mentioned it
in hi!ri order, a copy of \Vhich w:1s supplied to him.
Furthe'r, on the
charges against the respondent, he had been dealt with leniently and if the
record was taken into consideration for the purpose of imposing a lesser
punishment rind not for the pUrpose of increasing the quantum or nature
of punishment. then it was not necessary that it should be stated in the
sho\v cause. notice that his past record would be taken into consideration.
[397A; G-HJ
State of M.,·sore v. K. Manche Gowda, [1964] 4 S.C.R.
540.
548,
referred to.
(ii) The first appellate court's conclusion that the respondent hh.d been
appointed by the Deputy Inspector General of Police, was a finding of
fact and was binding on this Court. But apart from that the "';'IY doc;ument relied on by the respondent was the result
sheet
dec1anng
him
G
H
!
U.P. STATE V. HARISH CHANDRA (Sikri, /.)
393
A
successful ;1fter training and this had no relevance to his appointment as
Sub-Inspector of Police.
[398 A-OJ
(iii) A Police Officer may also be liable to be prosecuted under s. Z9
of the Police Ac), but it i• not necessary that in every case which falls
within s. 7 the Police· Officer should first be prosecuted under s. 29 before
he can be proceeded under s. 7. Section 7 deals with disciplinary proceedB
ings while s. 29 makes certain b~eaches criminal olfences. Section 29
does not in any way limit the operation of s. 7. [399 CJ
C1v1L APPELLATE JuR1so1cTION:
Civil Appeal No. 834 of
1966.
Appeal by special leave from the judgment and order dated
March 2. 1965 of the Allahabad High Court in Second Appeal
C
No. 1271of1962.
D
E
F
G
H
C. P. A garwa/a and 0. P. Rana, for the appellan~:
E. C. Agrawa/a, S. R. Agrawa/a and P. C. Agrawlllla, tor the
respo

## Text

392
STATE OF UTTAR PRADESH & ORS.
v.
HARISH CHANDRA SINGH
January 17, 1969
[S. M. Snou, R. s. BACHAWAT AND K. s. HEGDE, JJ.]
Constitution of India Art. 311(1)--Consideration of past record01nission in show cause-Whether justifies lesser pena/~v.
Police A.ct, 1861, ss. 7 and 29-Scope of-Prosecution under s. 29,
need not precede charges under s. 7.
A
B
The respondent, was selected by the Deputy Inspector General of
Police for admission to the Police Training College, and the result declarC
ing him successful was issued by the order of the Inspector General of
Police, and bis appointment announced in the police gazette.
While the
respondent was serving as a Sub-Inspector of Police. charges were framed
against him, under s. 7 of the Police Act, 1861. The Superintendent of
Police gave a report mentioning his past record, and recommended his
'removal from service. Notice to show cause, enclosing the findings of the
Superintendent of Police was served on the respondent.
The Deputy
Inspector General, held the enquiry, and agreed with the findings of the
D
Superintendent of Police. The respondent filed an appeal to the !nspectorGeneral of Police, which was rejected.
In their order, both the Deputy
Inspector General and Inspector General, took into consideration the past
record of the respondent.
The respondent filed a suit for a declaration
th:1t his removal was illegal and ineffective.
The trial court dismissed the
suit, but the High Court decreed the suit holding that no opportunity was
given to the respondent to expl¥n his past record which \Vas ta.ken into
E
consideration.
In appeal to this Court, the State contended that the respondent had notice that his past ·record would be taken into considerati-.:>n.
and alternatively, if the past record was t~.kcn into consideration for imposing lesser oenalty, it was not necesary to mention in the show cause notice
that the past record would be considered.
The respondent contended
that there has been breach of Art. 311 ( 1) of the Constitution as he was
appointed by the Inspector General of Police and removed by the Deputy
Inspector General of Police and that he should have been tried
under
F
s. 29 of the Police Act, before he was charged under s. 7.
HELD : The suit must be dismi.sed.
(i) The respondent had notice that his past record would be taken
into consideration because the Superintendent of Police had mentioned it
in hi!ri order, a copy of \Vhich w:1s supplied to him.
Furthe'r, on the
charges against the respondent, he had been dealt with leniently and if the
record was taken into consideration for the purpose of imposing a lesser
punishment rind not for the pUrpose of increasing the quantum or nature
of punishment. then it was not necessary that it should be stated in the
sho\v cause. notice that his past record would be taken into consideration.
[397A; G-HJ
State of M.,·sore v. K. Manche Gowda, [1964] 4 S.C.R.
540.
548,
referred to.
(ii) The first appellate court's conclusion that the respondent hh.d been
appointed by the Deputy Inspector General of Police, was a finding of
fact and was binding on this Court. But apart from that the "';'IY doc;ument relied on by the respondent was the result
sheet
dec1anng
him
G
H
!
U.P. STATE V. HARISH CHANDRA (Sikri, /.)
393
A
successful ;1fter training and this had no relevance to his appointment as
Sub-Inspector of Police.
[398 A-OJ
(iii) A Police Officer may also be liable to be prosecuted under s. Z9
of the Police Ac), but it i• not necessary that in every case which falls
within s. 7 the Police· Officer should first be prosecuted under s. 29 before
he can be proceeded under s. 7. Section 7 deals with disciplinary proceedB
ings while s. 29 makes certain b~eaches criminal olfences. Section 29
does not in any way limit the operation of s. 7. [399 CJ
C1v1L APPELLATE JuR1so1cTION:
Civil Appeal No. 834 of
1966.
Appeal by special leave from the judgment and order dated
March 2. 1965 of the Allahabad High Court in Second Appeal
C
No. 1271of1962.
D
E
F
G
H
C. P. A garwa/a and 0. P. Rana, for the appellan~:
E. C. Agrawa/a, S. R. Agrawa/a and P. C. Agrawlllla, tor the
respondent.
The Judgment of the Court was delivered by
Sikri, J. This appeal by special leave is directed against the
judgment of the High Court of Judicature at Allahabad di~ing
the appeal filed by the State of Uttar Pradesh and Others, appellants before us, against the judgment and decree passed by the
Additional District Judge, Varanasi, setting aside the judgment
Jnd decree passed by the Trial Court and decreeing the plaintiff's
suit.
The plaintiff,
Harish Chandra Singh,
had brought a suit
against the State of Uttar Pradesh and some Police Officers tor a·
declaration that the order of removal of the plaintiff from the
Police Service was void,
illegal,
ineffective and inoperative,
and that the plaintiff still CQ!ltinued to be in Uttar Pradesh Police·
Service as Station Officer-in-Charge of a
Police Station
and
that he was entitled to his full pay and emoluments with increments as they fell due.
He had also prayed for recovery of Rs.
7,453 as full emoluments and salary from June 27, 1956 up to
the date of the suit.
In order to appreciate the points raised before us it is necessary to set out the relevant facts.
On December 13, 1942, the
plaintiff was appointed as Platoon Commander in the Civil Guards.
Jn 1945 there was a notification regarding the absorption of civil
guards in the Police and on November 6, 1945, the plaintiff was
~elected by the Deputy Inspector General, Police Headquarters,
Allahabad, for admission to the 1946 Session of the Police Training College, Moradabad.
On January 8, 1947, the result of
the Civil Police Cadets for 1946 Session was announced, and in
the extract of the Police Gazette it is stated in the last column·
394
SUPREME COURT REPORTS
[ 1969] 3 S.C.R.
under the heading 'where posted', against the name of the plaintiff, 'Azamgarh'.
This result sheet was issued by order of the
Inspector General of Police, United Provinces.
We have mentioned these facts because the learned counsel
for the plaintiff contends that the plaintiff was in fact appointed
by the Inspector General of Police and not by the Deputy Inspector General of Police.
Following three charges were framed against the plaintiff under
s. 7 of the Police Act, 1861 on February, 6. 1956:
"!. A case Cr. No. 92 u/s 324 !PC was registered
at P. S. Mariahun which on receipt of the injury report
on 6-11-55 at the P. S. was found to fall within the purview of section 326 !PC and yet this SJ. did not investigate the case in accordance with law and failed even
to comply with the orders of the Dy. S.P. (then acting
as S.P.) given .by him on 19-11-55.
2. On 2 l-11-55 a written report of burglary was made
over to him by one Lalji Singh r Io J amua who came to
the P .S. alongwith Ramdeo anc1 Ganesh but he failed
to record that report and register a case in contravention of the provision of paragraph 97 of the Police Regulations.
A case Cr. No. 101 u/s 457 /380 IPC was,
however, registered by him on 5-12-55 although he had
been to the scene of occurrence on 27-11-55 and had
conducted some investigation on that date. He did not
prepare any case diary for the investigation carried out
on 27-11-55 and even after the registration of the case
on 5-12-55
he deferred proper
investigation until
22-12-55.
3. A report of burglary on the night of 17/18-10-55
was handed over to this S.I. personally by complainant
Raj Bahadur Singh but no action was taken on that report nor any entry was made in the General Diary to
this effect. On receipt of a complaint the C.I. was asked
to enquire into the matter who directed him to register
a case and accordingly a case was registered on Cr. No.
100 u/s 457/380 T.P.C. on 2-12-55.
Even after the
registration o.f this case this S.I. deferred proper investigation until 17-12-55."
A
B
c
0
E
F
The Superintendent of Police gave a report on February 27, 1956,
but the Inspector General ordered. a fresh enquiry on March 6,
1956.
On April 30, 1956. the Superintendent of Police gave
his report.
He held the plaintiff guilty of the charoes framed · H
"against him.
Towards the cind of the report, the Sup~rintendcnt
«Jf Pohce observed :
A
8
c
D
E
F
G
H
U.P. STATE V .. HARISH CHANDRA (Sikri, J.)
395
"S.I. Harish. Chandra Singh is an enlistment of
29-1-4 7 when he seems to have started his service satisfactorily. In 1950 he was placed under suspension and
was dismissed from service from 21-6-1951 while he was
in district Azamgarh.
On subsequent consideration he
was reinstated and he reported for service in January
I 952. He was, however, reduced to the lowest scale
of a S.I. for a period of three years. His character roll
indicates that he was again placed under suspension from
20-8-54 but reinstated on 30-9-54. Soon after he was
again placed under suspension with effect from 4-11-54
and was proceeded against u/s 7 of the Police Act as i:
result of which he was reduced from R>. 162 p.m. to
Rs. 144 p.m. for a period of one
year fn>m 8-2-55
and reinstated in service. Subseyuently he was aw~rded
a misconduct entry for a non-registration of dacoity case
while posted in district Basti.
On the other hand he
has also earned some rewards and is at pre>ent posted
as II Officer P.S. Mirganj. This record of service does
not appear encouraging at all.
In
respect
of
the
various items of charge u/ s 7 of the Police Act framed
against him he has been held guilty and considering
the seriousness of these charges I do
not think any
leniency is called for in his favour. He has clearly disobeyed the lawful orders of his superior officers and has
failed to comply with the mandatory provisions of law
and Police Regulations.
A S. I. acting in this manner
is not in my opinion fit to discharge his responsibilities
as a police officer.
Since. however. no dishonesty has
been attributed to him in the various items of the charge
framed against him. I think it will meet the ends of
justice if he is only
removed from
police
service.
Accordingly findin!! him
guiltv u/s 7 of the
Police
Act I propose that he may be removed from the
Police Service and submit this
finding to the
D.T.G.
Eastern Range in accordance with paragraph 490 subparagraph 8 (a) of the Police Regulations."
On May 16. 1956, a show-cause notice was served on the
plaintiff and a copy of the findings of the Superintendent of Police
was enclosed.
In the show-cause notice it was stated that the
plaintiff could send his written representation within I 0 days of
the receipt of the show-cause notice and after checking his explanation he would be called to appear before the Deputy Inspector
General of Police, E. Range.
He appeared before the Deputy
Inspector General of Police and answered variom questions put
by the D.T.G.
Towards the end he stated that he had no complaint with regard to the departmental proceedings against him.
396
SUPREME COURT REPORTS
[1969) 3 S.C.R.
The Deputy Inspector General agreed with the findings of the
Superintendent of Police,
and at the end of his order he
observed:
"S.I. Sri Harish Chandra Singh was enlisted on
29-1-194 7.
In 1950 he was placed under suspension
and he was dismissed from service from 21-6-51. He
was, however, later reinstated and joined his duty in
January 1952. He was also reduced to lowest scale of
S.l.s for a period of 3 years vide orders (torn) 'E' dated
25-4-51. In 1955 he was dealt with u/s 7 of the Police
Act for having contracted illicit connection with Shrimati Mina Devi who was ultimately recovered from (torn)
the C.I. and he was reduced for 2 years.
He (tom)
entry in 1955 for having failed to (tom) o! dacoity.
Against this black record, the (torn) 15 rewards and
commendations. The party is indisciplined and unreliable and he does not deserve (tom) in the police service.
The charges proved against him (torn) very serious and
there is no room for me to show him any (tom) in the
award of punishment. Agreeing with the proposal of the
S.I., I order that S.I. Harish Chandra Singh be removed
from service with effect from the date that this order is
communicated to him."
The plaintiff then filed an appeal to the Inspector General
of Police, who rejected the appeal, and after taking into consideration his previous record confirmed the order of removal. He
observed:
"In fact the D.I.G. has taken a lenient view in (tom)
removing him from service especially in view of his past
(tom)."
The High Court held that no opportunity was given to the plaintiff to offer any explanation on the question of his past record
which was taken into consideration by the Deputy Inspector General of Police in arriving at his decision to remove the plaintiff from
service.
The High Court relied on the following passage from
the judgment of this Court in State of Mysore v.
K. Manche
Gowda(') :
"We, therefore, hold· that it is incumbent upon the
authority to .give the Government servant at the second
stage reasonable opportunity to show cause against the
proposed punishment and if the proposed punishment is
also based on his previous punishment or his previous
bad record, this should be included in the second notice
so that he may be able to give an explanation."
(t) (1964] 4 S.C.R. 540, 548.
A
c
D
E.
F
G
1:1
A
B
c
D
E
F
G
H
U.P. STATE v. HARISH CHANDRA (Sikri, ].)
397
The learned counsel for the State contends that on the facts
of this case it is clear that the plaintiff had notice that his record
would be taken into consideration because the Superintendent of
Police had mentioned it towards the end of his order, a copy of
which was supplied to the plaintiff.
In the alternative he contends that if the record is taken into consideration for the purpose
of imposing a lesser punishment and not for the purpose of increasing the quantum or nature of punishment, then it is not necessary that it should be stated in the show-cause notice that his
past record would be taken into consideration.
It seems to us that the learned counsel is right on both the
points. The concluding para of the report of the Superintendent
of Police, which we have set out above, clearly gave an indication to the plaintiff that his record would be considered by the
Deputy Inspector General of Police and we are unable to appreciate what more notice was required. There is also force in the
second point urged by the learned counsel. In State of Mysore v.
K. Manche Gowda(') the facts were that the Government servant
was misled by the show-cause notice issued by the Government,
and but for the previous record of the Government servant the
Government might not have imposed the penalty of dismissal on
him.
This is borne out by the following observations of Subba
Rao, J., as he then was:
"In the present case the second show cause notice
does not mention that the Government intended to take
his previous punishments into consideration in proposing
to dismiss him from service. On the contrary, the said
notice put him on the wrong scent, for it told him that
it was proposed to dismiss him from service as the charges proved against him were grave. But, a comparison
of paragraphs 3 and 4 of the order of dismissal shows that
but for the previous record of the Government servant,
the Government might not have imposed the penalty of
dismissal on him and might have accepted the recommendations of the Enquiry Officer and the Publilc Service Commission.
This order, therefore, indicates that
!he show cause notice did not give the only reason which
mfluenced the Government to dismiss the respondent
from service." (p. 549)
We may mention that on the charges against the plaintiff, and
as observed by the Inspector General of Police, the plaintiff had
been dealt with leniently.
The learned counsel for the plaintiff, in reply urges before m
that there has been breach of Art. 311 (1) ol the Constitution because although the plaintiff was appointed by tbt Inspector GeneOJ (1964] 4 S.C.R. S40, 548~
SS up.C.l./69-7
•
398
SUPREME COURT REPORTS
(1969] 3 S.C.R.
ral of Police he had been removed by the Deputy Inspector General, Range E. The learned Additional District Judge, after examining the evidence and para 406 of the Police Regulaltions, came
to the conclusion that the plaintiff had been appointed by the Deputy Inspector General of Police. This is a finding of fact
and binding on us. But apart from that the only document relied
on by the learned counsel for the plaintiff is the result sheet dated
January 8, 1947. This has no relevance to the question of his
appointment as Sub-Inspector. We must, therefore, overrule this
contention.
The last point urged by the learned counsel for the plaintiff
is that the plaintiff should have been tried under s. 29 of the Police
Act before he was charged under s. 7. Sections 7 and 29 of the
Police Act read thus:
"7. Subject to the provisions of article 311 of the
Constitution, and to such rules as the State Government
may from time to time make under this Act, the Inspector
General, Deputy Inspector General, Assistanflnspectors
General and District Superintendents of Police may at
any time dismiss, suspended or reduce any police-officer
of the subordinate ranks whom they shall think remiss
or negligent in the discharge of his duty, or unfit for the
same, or may award any one or more of the following
punishments to any police-officer of the subordinate ranks
who shall discharge his duty in a careless or negligent
manner, or who by ainy act of his own shall render himself unfit for the discharge thereof, namely:-
{a) fine to any amount not exceeding one month's pay;
-( b) confinement to quarters for a term not exceeding
fifteen
days with · or without punishment-drill,
extra guard, fatigue or other duty;
{ c) deprivation of good-conduct pay;
-( d) removal from any office of distinction or special
emolument.
S. 29. Every police-officer who shall be guilty of any
violation of duty or wllful breach or neglect of any rule
or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his
office without permission, or without having given previous notice for the period of two months or who, being
absent on leave, shall fail, without reasonable cause, to
report himself for duty on the expiration of suc)l leave, or
who shall engage without authority in any employment
·other than his police-duty, or who shall be guilty of
A
B
c
D
E
F
G
H
A
B
c
D
U,P, STATE V. HARISH CHANDRA (Sikri, /.)
399
cowardice, or who shall offer any unwarrantable personal violence to any person in his custody, shall be
liable on conviction before a Magistrate to a penalty
not exceeding three months' pay, or to imprisonment,
with or without hard labour, for a period not exceeding
three months, or to both."
We are unable to appreciate why it is necessary that a police
officer should be prosecuted under s. 29 before departmental proceedings can be taken under s. 7 of the Police Act. It may be
that a police-officer is also liable to be prosecuted under s. 29,
but it is not necessary that in every case which falls within s. 7,
the police-officer should first be prosecuted under s. 29 before he
can be proceeded against under i. 7.
Section 7 deals with disciplinary proceedings while s. 29 makes certain breaches criminal
o!fences. Section 29 does not in any way limit the operation of
s. 7.
In the result the appeal is allowed, judgments and decrees of
the High Court and the Additional District Judge set aside and
the suit dismissed with costs throughout.
Y.P.
Appeal allowed.