The Dy. Commissioner of Police & Ors. Vs. Mohd Khaja Ali
EmailAppeal: Civil Appeal No. 512 of 1992
(With C.A. Nos. 5114/97, 5115/97, 5116/97, 5117/97, 5118/97, 5119/97, 5142/97, 5120/97, SLP(C) Nos. 2224/99, 12235/89)
(With C.A. Nos. 5114/97, 5115/97, 5116/97, 5117/97, 5118/97, 5119/97, 5142/97, 5120/97, SLP(C) Nos. 2224/99, 12235/89)
Petitioner: The Dy. Commissioner of Police & Ors.
Respondent: Mohd Khaja Ali
Apeal: Civil Appeal No. 512 of 1992
(With C.A. Nos. 5114/97, 5115/97, 5116/97, 5117/97, 5118/97, 5119/97, 5142/97, 5120/97, SLP(C) Nos. 2224/99, 12235/89)
(With C.A. Nos. 5114/97, 5115/97, 5116/97, 5117/97, 5118/97, 5119/97, 5142/97, 5120/97, SLP(C) Nos. 2224/99, 12235/89)
Judges: S.P. KURDUKAR & SYED SHAH MOHAMMED QUADRI, JJ.
Date of Judgment: Jan 12, 2000
Head Note:
Service and Labour Law
Constitution
Article 136 – Police service – Dismissal of police constable – Appeal by State against the decision rendered by Tribunal following the decision rendered in 1978. Held as the provisions of the City Police Act prevailed over A.P. Civil Services (Classification, Control and Appeal) Rules 1953 and A.P. Police Subordinate Service Rules, and the law laid down in the decision rendered in 1978 had been followed in the State of A.P. for more than 22 years, no interference called for in the decision of the Tribunal.
Constitution
Article 136 – Police service – Dismissal of police constable – Appeal by State against the decision rendered by Tribunal following the decision rendered in 1978. Held as the provisions of the City Police Act prevailed over A.P. Civil Services (Classification, Control and Appeal) Rules 1953 and A.P. Police Subordinate Service Rules, and the law laid down in the decision rendered in 1978 had been followed in the State of A.P. for more than 22 years, no interference called for in the decision of the Tribunal.
JUDGEMENT:
ORDER
1. After hearing learned counsel for the parties, we do not think it is necessary to go into the various contentions raised in these appeals on behalf of the State of Andhra Pradesh, as we are of the opinion that since the decision in RP No. 933/97 dated 30.1.1978, followed in subsequent decisions by the Tribunal, the provisions of City Police Act, 1348F are holding the field and are not in any manner superseded by the provisions of Andhra Pradesh Civil Services (Classification Control and Appeal) Rules, 1953, and A.P. Police Subordinate Service Rules in sofar as they relate to dismissal of police constable by the Commissioner of Police Hyderabad City. By now more than 22 years have passed and the law laid down therein has been followed in the State of Andhra Pradesh for all these years. We are therefore not inclined to disturb the im-pugned order.
2. In view of what is stated above all these appeals to stand disposed of accordingly with no order as to costs.
3. Interim orders, if any, stand vacated.
1. After hearing learned counsel for the parties, we do not think it is necessary to go into the various contentions raised in these appeals on behalf of the State of Andhra Pradesh, as we are of the opinion that since the decision in RP No. 933/97 dated 30.1.1978, followed in subsequent decisions by the Tribunal, the provisions of City Police Act, 1348F are holding the field and are not in any manner superseded by the provisions of Andhra Pradesh Civil Services (Classification Control and Appeal) Rules, 1953, and A.P. Police Subordinate Service Rules in sofar as they relate to dismissal of police constable by the Commissioner of Police Hyderabad City. By now more than 22 years have passed and the law laid down therein has been followed in the State of Andhra Pradesh for all these years. We are therefore not inclined to disturb the im-pugned order.
2. In view of what is stated above all these appeals to stand disposed of accordingly with no order as to costs.
3. Interim orders, if any, stand vacated.
