9911796707
TMI Blog1970 (10) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... smissed. The appellant was a police constable serving in the Dharwar District. He joined the police force on August 1, 1945 in the former State of Bombay. On the States Reorganisation, he came under the jurisdiction of the State of Mysore and it was on November 26, 1953 that he was dismissed after a departmental enquiry against him on the following facts. The petitioner had proceeded on leave for a month from January 1, 1953. On January 26, 1953, he applied for extension of leave for a month. A reply was received by him refusing leave, but only on February 21, 1953. He made a second application for extension of leave on the same date, but this extension of leave was not granted. On February 26, 1953, he undertook a 7 days' fast at a templ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the injustice done by the police to the poor public and with a view to improve the Police Force and after informing the concerned authorities, I went on fast. I do not want any help from anybody for defending myself. I do not propose to cross-examine any witness that may be examined. Nor do I propose to examine any witness of my side. I do not know the Police Manual Rules. I submitted the petition in the interest of the general public. I did not go on fast in my self interest. I have done so in public interest. We are living in a democratic country. So whatever is in the interest of the general public cannot run counter to the discipline of the Police Force. I pray for proper justice on the basis of reply and the documents which are aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e taken into account. That explanation is obviously futile, because persons in the police force must be clear about extension of leave before they absent themselves from duty. Indeed this is true of every one of the services, unless of course there are circumstances in, which. a person is unable to re-join service, as for example when he is desperately ill or is other-wise reasonably prevented from attending to his duties. This is not the case here. The petitioner took upon himself the decision, as to whether leave could be extended or not and acted upon it.. He did go on a fast. His later explanation was that he went on a fast for quite a different reason. The enquiry Officer had to go by the reasons given before him. On the whole therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vations of the learned, Single Judge. The case really is not one of any merit; the plea raised before us was in ad misericordiam. We were asked to take the view that this man was actuated by his own feeling that leave would be extended and further that his going on fast was not for the purpose of the administration but for some other purpose. Even if we were to take the admission as a whole with all its qualifications, we are quite clear that he admitted the facts necessary to establish the charge against him. The learned counsel for the appellant further relied upon a ruling of this Court in Jagdish Prasad Saxena v. The State of Madhya Bharat [now Madhya Pradesh (A. I. R. 1961 S. C. 1070).That case is absolutely distinguishable. There ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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