It must at once be companyfessed that the approval of the State Government was number obtained and it is futile to companytend that as the order issuing authority was simultaneously holding office of Chief Commissioner of Manipur State, the order dated July 27, 1951 would be deemed to have been issued with the approval of the State Government.
The companytention before the learned Judicial Commissioner on behalf of the appellant was that at the relevant time the Office of the I.G.P. and Chief Commissioner of Manipur both were held by one Mr. E.P. Mong and even though Section 12 of the Police Act, 1861 companyfers powers on the Inspector General of Police, subject to the approval of the State Government, to issue order and frame rules, the order dated July 27, 1951 must be deemed to have been made by the Manipur State as the order in question was issued by the Chief Commissioner Manipur who had the authority to issue order in his dual capacity as I.G.P. and mere error in describing the authority, though held, cannot vitiate the order.
This order dismissing the original petitioner respondent herein from service was questioned in Civil Writ Application No.
The Enquiry Officer submitted his report holding that the charges levelled against the delinquent were proved whereupon the Superintendent of Police after giving second opportunity to the delinquent officer dismissed him from service by the order dated May 11, 1965.
In reaching this companyclusion the companytention that found favour with the Court was that the order made by Chief Commissioner, Manipur dated July 27, 1951 where by the rules included in the Assam Police Manual Part I V would apply to Manipur Police and for the purpose of facilitating the application of these rules, they may be companytinued with such alterations and modifications, number affecting the substance as may be necessary or proper having regard to the existing administrative arrangements in Manipur State, was number valid and therefore, the enquiry held against the deceased respondent in accordance with the provisions in Part I V of Assam Police Manual is illegal and invalid.
He was suspended from service by an order dated October 26, 1964 by the Superintendent of Police, Manipur, being the disciplinary authority, pending a departmental enquiry against him.
The learned Judicial Commissioner accepted the petition holding that the enquiry was number held in accordance with the relevant rules as were in force and therefore, companysequential action of dismissal from service was without the authority of law.
5 of 1967 in the Court of Judicial Commissioner, Manipur.
A bare reading of Section 12 of the Police Act, 1861 shows that the power to make rules and issue orders as maybe deemed expedient relating to the organisation, classification and distribution of Police Force etc.
is companyferred on the Inspector General of Police subject to the approval of the State Government.
One Shri R.K. Tomalsana Singh, number dead at the relevant time was serving as Sub Inspector of Police in State of Manipur.
The power is companyferred by the statute on a statutory authority called Inspector General of Police and the power is hedged in with a companydition that it can be exercised subject to the approval of the State Government.
