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V.H. Kulkarni Vs. State of Karnataka - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtKarnataka High Court
Decided On
Case NumberW.P. 4735 of 1977
Judge
Reported in(1983)IILLJ60Kant
ActsIndian Penal Code (IPC), 1860 - Sections 379
AppellantV.H. Kulkarni
RespondentState of Karnataka
Excerpt:
- religious endowments act, 1863 [repeal by act ii /1927] section 6 of act ii of 1927 & section 8; [a.s. bopanna, j] application of the repealing act held, section 8 would clearly indicate that the repeal of religious endowments act would apply in so far as hindu religious endowments to which the act applies. but in so far as the jain religious endowments, the repeal by act (ii) of 1927 is not applicable. further, the religious endowments act 1863 has been repealed only in so far as it applies to hindu religious endowments and the repeal is specific to that extent and therefore the applicability of the act to the jain religious endowments act, 1863 is still applicable to the jains of dakshina kannada. section 10; maintainability of application under power of the district judge to..........2. facts : (1) in the year 1973, the petitioner was working as sub-inspector in charge of magadi road police station in the city of bangalore. on 16th november, 1973 pursuant to a complaint lodged by one meenamma alias ronika about the theft of a gold chain, which her daughter was wearing, in which she suspected that a girl by name margaret of having committed the offence, that girl was summoned to the police station. later she committed suicide. a departmental inquiry was instituted against the constables on the charge that they had misbehaved with and insulted the said margaret and that was the cause for her committing suicide. they were found guilty of the charge and were dismissed from service. (2) two years thereafter on 12th september, 1975 a departmental inquiry was instituted.....
Judgment:
ORDER

1. In this writ petition, the petitioner, a Sub-Inspector in the Police department of the State Government, has questioned the legality of a notice issued by the State Government asking him to show cause as to why a departmental inquiry should not be instituted against him on the charges of which he was already exonerated.

2. FACTS : (1) In the year 1973, the petitioner was working as Sub-Inspector in charge of Magadi Road Police Station in the City of Bangalore. On 16th November, 1973 pursuant to a complaint lodged by one Meenamma alias Ronika about the theft of a gold chain, which her daughter was wearing, in which she suspected that a girl by name Margaret of having committed the offence, that girl was summoned to the Police station. Later she committed suicide. A departmental inquiry was instituted against the constables on the charge that they had misbehaved with and insulted the said Margaret and that was the cause for her committing suicide. They were found guilty of the charge and were dismissed from service.

(2) Two years thereafter on 12th September, 1975 a departmental inquiry was instituted against the petitioner in connection with the same incident. The following charge was framed against him.

'Grave dereliction of duty in connection with the investigation of Magadi Road Police Station Cr. No. 152/73 under Section 379 IPC in having allowed the constabulary to handle the case resulting in the death of a girl by name Margaret who was suspected in the case.'

The inquiry officer held that the petitioner was not guilty. The Commissioner of Police accepted the finding, and made a final order on 18th and 20th December, 1975 (Ex - A). It reads :

'Proceedings of the Commissioner of Police, Bangalore City.'

Present : Shri M. L. Chandrashekar.

Read : (1) Order No. 204/DE/73 dated 18th August, 1975 appointing the Deputy Commissioner of Police, Traffic as the Enquiry Officer to hold a joint Departmental Enquiry against Shri V. H. Kulkarni, Police Sub-Inspector and Shri Puttabasappa, Asst. Sub-Inspector formerly of Magadi Road Police Station regarding their alleged misconduct and negligence of duty in connection with Cr. No. 152/73 under S. 379 IPC of Magadi Road Police Station.

(3) Minute No. 204/DE/73 dated 18th/20th December, 1975 of the Enquiry Officer.


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