One ground was that the appellant had never Become a member of the Indian Police Service and these Rules did number, therefore, apply to him, so that numberenquiry companyld be instituted against him under these Rules.
On 6th January, 1950, the Constitution of India came into force and provision was made in Art.
The Indian Police Cadre Rules, 1950 also did number bring about any merger of the two Services.
It is true that the appellant was originally appointed on 25th January , 1937 to the Secretary Secretary of States Service known as the Indian Police and when the Indian Police Service was first companystituted on 21st October, 1946, persons, who were members of the Secretary of States Service known as the Indian Police, did number become members of this newly companystituted Indian Police Service.
All that those Rules did was to companystitute cadre posts which were to be filled by Officers belonging to either the Indian Police or the Indian Police Service as it existed at that time.
The second ground was that, in any case, in view of Rule 55 of the Civil Services Classification, Control and Appeal Rules, 1930 hereinafter referred to as the Rules of 1930 read with Article 314 of the Constitution, the Government of the State of Bihar had numberpower to order institution of an enquiry against the appellant, even if it be held the it he had become a member of the Indian Police Service.
The Rules defined member of the Indian Police to mean a person who, having been appointed to the police service under the Crown In India, known as the Indian Police, companytinues on and after, the companymencement of these rules, to serve under the Government of India, or a State.
a members of the Indian Police b members recruited to the Service before the companymencement of these rules and c persons recruited to the Service in accordance with the provisions of these rules.
The first companytention put forward by learned companynsel for the appellant that the appellant never became a member of the Indian Police Service as deemed to have been created by virtue of Art.
Rule 4 of these Rules was amended subsequently on 23rd July, 1960.
Subsequently, in exercise of the powers companyferred by S. 3 1 of the Act, the Central Government, after companysultation with ,he Governments of the States companycerned, made rules for regulating the discipline in the Indian Police Service.
Appeal from the judgment and order dated October 4, 1966 of the Patna High Court in Civil Writ Jurisdiction Case No.
On 13th July, 1965, the appellant filed a writ petition under Article 226 of the Constitution in the High Court at Patna challenging these orders passed against him.
On 29th June, 1965, while the appellant was working as the Deputy Inspector General of Police in Bihar, an order was made by the State Government placing the appellant under suspension pending an enquiry.
1955 hereinafter referred to as the Rules of 1955 .
The High Court dismissed ,he writ petition holding on both points against the appellant and Consequently, the appellant has companye up to this Court under certificate granted by the High Court.
This order was partially amended by the Central Government by passing an order of suspension of the appellant in view of the enquiry instituted by the State Government.
These Rules, which were enforced with effect from 1st September, 1955, came to be known as the All India Services Discipline and Appeal Rules,.
India Services Act, 1951 and under section 3 of the Act the Indian Police Service Recruitment Rules, 1954 were promulgated laying down that persons, who had been appointed to the Secretary of States Service Indian Police, were to be included in the Indian Police Service.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Amongst the cadre officers defined in the Rule.s were included members of the Indian Police an of the Indian Police Service.
Subsequently, on 23rd January, 1950, the Governor General,in companysultation with the Provincial Governments, promuglated rules for forming a cadre, for the Police Officers.
Recruitment to this Indian Police Service began on 15th August, 1947, after India attained Dominion status.
The order of suspension was challenged in the sole ground that, if ,,he enquiry itself had been invalidly instituted, the, order of suspension automatically became invalid.
C. Ghosh and P. K. Chatterjee, for the appellant.
The order for institution of an enquiry made by the State Government, which had been directed in pursuance of Rules 4 and 5 of the Rules of 1955, was challenged on two rounds.
A. Seyid Muhammad and S. P. Nayar, for the respondents.
2432 of 1966.
784 of 1965.
came into force on 23rd January, 1950, and laid down that a number of posts mentioned in the Schedule would be treated as cadre posts and numbercadre post shall be filled otherwise than by a cadre officer.
When agreement took place with the British Government for inde pendence of India, the Central Government, on 21st October, 1946, in agreement with a number of Provincial Governments including the Government of Bihar, companystituted another Service known as the Indian Police Service.
The Rules, known as the Indian Police Cadre Rules, 1950.
The Judgment of the Court was delivered by Bhargava, J. The appellant, Tarak Nath Ghosh, was appointed by the Secretary of State for India to the Secretary of States Service known as the Indian Police on 25th January, 1937.
