VIGILANCE MANUAL VOLUME III - AP Online

248 DECISION - 40
issued notice asking to show cause why he should not be reduced to
the lowest stage of the Sub-Inspector and after considering the
respondent’s reply inflicted the proposed penalty on 16-1-54. When
the order came to the notice of the Deputy Inspector General of Police,
he felt that the respondent deserved dismissal and on 19-10-54
ordered his dismissal from service. This order was confirmed by the
Inspector General of Police on 28-2-55. The State Government
dismissed his revision in Aug. 1955. The respondent then moved
the High Court under Art. 226 and the High Court set aside the order
on the ground that the provisions of para 486 of the Police Regulations
had not been complied with. The State appealed to the Supreme
Court and the main question was whether breach of service rules is
justiciable or not.
The appellant’s plea was that the pleasure power of the
President and the Governor was supreme and that the same could
not be abrogated or modified by an Act of the Parliament or the
Legislatures and any law made would contain only administrative
directions to the authorities to enable them to exercise the pleasure
in a reasonable manner. The Supreme Court discussed the provisions
of Art. 309 to Art. 311 of Constitution and stated that a law can be
made by the Parliament and the Legislatures defining the content of
the ‘reasonable opportunity’ and prescribing the procedure for giving
the said opportunity. The Supreme Court held: “In our view subject
to the overriding power of the President or the Governor under Art.
310 as qualified by the provisions of Art. 311, the rules governing the
provisions of disciplinary proceedings cannot be treated as
administrative directions, but shall have the same effect as the
provisions of the statute whereunder they are made, in so far as
these are not inconsistent with the provisions thereof. The Supreme
Court in conclusion held para 486 of the Police Regulations as
mandatory and dismissed the appeal of the State.
(40)
Inquiry — mode of
If there are two procedures, Tribunal Rules and