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.