Law:

Section:

Police Act (V of 1861)--- ----S. 4---Criminal Procedure Code (V of 1898), S.173---Police official, a Senior Superintendent of Police, belonging to Provincial Civil Service was alleged to have amended the report under S.173, Cr.P.C. for submission before court---Order of inquiry against said official by the Inspector General of Police---Transfer of inquiry by the Chief Secretary of the Province on the ground that the said official belonged to the Provincial civil Service---Chief Secretary transferred the said inquiry by a notification "in supersession of notification issued by the Inspector General of Police" to another Inquiry Officer---Validity---High Court observed that every superior authority had a check over his subordinate but the superiority or inferiority itself did not vest any extra jurisdiction nor permit one to deviate from the law and procedure or to use the superiority for an unnecessary interference rather every public functionary regardless of its status was supposed to function in good faith, honestly and within the precincts of its power---Power should be exercised within the four corners of law but not according to wish of the Authority---Since an officer had already been appointed as Inquiry Officer by the competent authority i.e. Inspector General of Police for doing a specific duty, the act of transferring/entrusting the same inquiry to some other person by the Chief Secretary of the Province, prima facie, appeared to be unreasonable---Nothing was on record with regard to any challenge towards competence or credibility of Inquiry Officer so appointed by the Inspector General of Police---Term 'supersession' did not mean denial to competence and jurisdiction of Inspector General of Police nor could be taken as a challenge to credibility of Inquiry Officer---Impugned order in absence of reason or justification could not be stamped as valid order---Object of both the orders was one and the same but latter had changed the Inquiry Officer---Only Inspector General of Police could order for inquiry against the police official---Order of the Chief Secretary of the Province was without any cogent reason and legal justification which was void ab…

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