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THE STATE OF UTTAR PRADESH vs. MOHAMMAD NOOH

SCR Citation: [1958] 1 S.C.R. 595
Year/Volume: 1958/ Volume 1
Date of Judgment: 30 September 1957
Petitioner: THE STATE OF UTTAR PRADESH
Disposal Nature: Appeal Allowed
Neutral Citation: 1957 INSC 81
Judgment Delivered by: Hon'ble Mr. Justice Sudhi Ranjan Das
Respondent: MOHAMMAD NOOH
Case Type: CIVIL APPEAL/130/1956
Order/Judgment: Judgment
1. Headnote

Certiorari, writ of-Principles governing issue-Availability of alternative remedy by appeal, if  bar-Departmental enquiry-Violation of principles of natural justice -Presiding  officer himself a witness-Order of dismissal made previous to the Constitution-Revision disallowed after the Constitution such order, if can be quashed Constitution of India, Art. 226

A departmental enquiry against the respondent, a Head Constable, was held by the District Superintendent of Police. During the enquiry the District Superintendent of Police himself became a witness and gave evidence at two stages against the respondent, his statement being recorded by a Deputy Superintendent of Police. The District Superintendent of Police then found the respondent guilty and on April 20, 1948, passed an order of dismissal against him. The respondent went up in appeal to the Deputy Inspector General of Police but the appeal was dismissed on May 7, 1949, The respondent then filed a revision application to the Inspector General of Police which was also dismissed on April 22, 1950. Thereupon, the respondent filed a writ petition under Art. 226 of the Constitution before the High Court praying for the setting aside of the order of dismissal. The High Court held that the rules of natural justice and fair-play had been disregarded and accordingly, quashed the proceedings and set aside the three several orders. The State obtained a certificate of fitness and appealed.

2. Case referred
3. Act
  • Constitution Of India
4. Keyword
  • Certiorari
  • writ of-Principles governing issue
5. Equivalent citation
    Citation(s) 1958 AIR 86 =