1987 (2) TMI 531

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...., Control and Appeal) Rules, 1958 (for short 'the Rules' here in after) upon him. He was however reinstated from February 11, 1985 under the orders of the Deputy Inspector General of Police, Ajmer for short 'the DIGP' here in after) and was later on transferred from Nagaur to Bhilwara. Inquiries were held in all the charge sheets. In some of them he was exonerated and in some censured or punished. In charge sheet No. 3961 dt. May 19, 1984 inquiry was conducted and petitioner received the communication of the imposition of punishment from the DIGP, Ajmer Range Ajmer dated November 11, 1985 (Ex. 6). The petitioner preferred an appeal. The Special Inspector General of Police (Hqrs.) (for short 'the SIGP' here in after) ....

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....urohit, learned counsel for the petitioner strenuously contended that the Disciplinary Authority envisaged by Rule 15 of the Rules with regard to the petitioner was the Inspector General of Police (for short 'the IGP' here in after) and therefore, DIGP had no authority to impose the punishment of compulsory retirement on the petitioner. 7. Rule 14 of the Rules provides the nature of the penalty which may be imposed on a Government Servant. It is the Disciplinary Authority who can impose punishment enumerated in that Rule. Disciplinary Authority has been defined in Rule 2 (c) as under: Rule 2(c). "Disciplinary Authority" in relation to the imposition of a penalty on a Government Servant means the authority competent under....

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....The question similar to the present one i.e. who would be the disciplinary authority in respect of Sub Inspector of Police and whether notice issued by the DIGP and proceedings conducted by him were legal, came for consideration before this Court in the case of Fateh Singh Lodha v. State of Rajasthan and Ors. (1) and it was held as under: The post of Sub-Inspector of Police is included in the Subordinate Services and enumerated in Schedule II annexed to the Rules. According to Rule 15 of the Rules, the Head of the Department or the authority specially empowered by the Head of the Department with the approval of the State Government is entitled to inflict all the penalties specified in Rule 14. The disciplinary authority for the pet....

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...., learned Additional Government Advocate submitted that the Circular was meant to be retrospective and therefore, the case of the petitioner is covered by that Circular. According to him Rules can be made retrospectively effective. 17. A distinction is to be drawn between administrative/executive order or circular and the rules framed in exercise of the powers given under some Act. Such rules have statutory force and can be made effective retrospectively or prospectively as the circumstances require, Even rules cannot be effective retrospectively in all cases, as is evident from the following principle enunciated by Hon'ble the Supreme Court in the case of the Accountant General and another v. S. Doraiswamy and Ors. [1981]2SCR155 : ....