1970 (10) TMI 67 - SC - Indian Laws

On the whole therefore we are satisfied that the appellant was properly adjudged guilty of indiscipline in the departmental enquiry and the order of dismissal which was passed against him was merited. The appellant is one of those persons who thinks that other people in the world have to be corrected and that perhaps he is one who is impelled by his own thoughts we think that the ends of justice would be served by not awarding costs against him - Appeal dismissed.

Summary

Issues:
Dismissal of a former police constable based on indisciplinary actions and misconduct.

Analysis:
The judgment pertains to an appeal filed by a former police constable against his dismissal following a departmental enquiry. The appellant, a police constable in the Dharwar District, was dismissed on November 26, 1953, after being found guilty of serious misconduct and indisciplinary actions. The charges against him included remaining absent from duty without permission, sending letters to superiors about fasting for the upliftment of the country, and going on a fast at a temple contrary to police discipline. The appellant admitted the charges against him but provided explanations related to his leave extension and fasting in the interest of democracy and the country. The appellant's admission of facts formed the basis for the disciplinary action against him. The court found the appellant's explanations futile as he took upon himself the decision to extend leave and proceeded with the fast despite knowing the consequences. The court emphasized the importance of clear communication regarding leave extensions in the police force. The appellant's admission of facts was considered an admission of guilt, leading to a clear case of indiscipline and misconduct.

The appellant's counsel argued that the plea of guilty should not have been entered based on the English law standard requiring an unequivocal plea. However, the court differentiated between admission of facts and admission of guilt, stating that when the appellant admitted the facts, he was inherently guilty. The court upheld the decision of the learned Single Judge in the High Court, affirming that the appellant's plea amounted to a plea of guilty based on the established facts. The court dismissed the appellant's plea of being actuated by beliefs of leave extension and fasting for reasons other than administration, highlighting that the appellant's admission of facts supported the charges against him.

The appellant's reliance on a previous court ruling was deemed distinguishable as the present case involved clear admission of facts without cross-examination or additional evidence. The court emphasized the fairness of the departmental enquiry, noting that the appellant chose not to lead evidence on his behalf and requested adjudication based on existing documents. The court concluded that the appellant's dismissal was justified due to his admission of indiscipline and misconduct. Despite the dismissal of the appeal, the court decided not to award costs against the appellant, considering his personal beliefs and motivations. The court ultimately dismissed the appeal, affirming the order of dismissal against the former police constable based on his indisciplinary actions and misconduct.