Law: Government of India Act, 1935

Section: Ss. 240 & 243-S. 243

  Government of India Act (1935), Ss. 240 & 243-S. 243 and not S. 240 governs cases of subordinate ranks of Police service.   Noorul Hassan v. Federation of Pakistan P L D 1956 S C (Pak.) 331 fol.   Bengal Police Regulation (1943), Regs. 29 (d), 861 (o) and 865 - Magisterial enquiry pending against Police Officer -Departmental enquiry not permissible till appeal against judgment and order of original Court, either barred by limitation or preferred and disposed of by appellate forum-Sub-Inspector charged with gross misconduct Departmental proceedings to be initiated by Superintendent of Police-Superintendent accepting findings of Additional Superintendent after thorough scrutiny of evidence and due consideration of circumstances-Amounts to sufficient compliance of Reg. 861 (o) Approval of Superintendent, at initiation of proceedings or subsequent thereto, stands on same footing.   Mansur All v. Province of East Pakistan P L D 1959 Dacca 464 foll.   JUDGMENT   SIDDIKY, J.-This appeal is by the defendants-the Province of East Pakistan and another against the judgment and decree passed by the Subordinate Judge, Dacca, in the Title Suit No. 37 of 1957.   The plaintiff-respondent was appointed a Sub-Inspector of Police in the East Pakistan Police Service on 3-1-52. During the months of April and May 1953, he was posted at Serajdikhan Police Station in the district of Dacca as the second officer.   On 1-5-53, a constable, a Chowkidar and one Assistant Sub-Inspector of Police wentto village Shikarpur within the said Police Station to execute a warrant of arrest against one Kala hand Moral in connection with a cattle theft case. The Police party was resisted by Kala Chand Moral and his co-villagers from executing the warrant of arrest and it was further alleged that the said Police party was assaulted by the villagers. On 2-5-53 the Police party headed by the Assistant Sub-Inspector of Police came back to the Police Station and lodged a First Information Report under sections 148, 333, 379 and 342/42 of the Pakistan Penal Code. The Officer-in-charge of the Police Station being out on duty, the plaintiff who was the second in…