Law: Government of India Act, 1935

Section: 240(2),241(1),241(b),243

Government of India Act, 1935------   -----Ss. 240(2), 241(1)(b) & 243, read with Punjab Police Rules, rr. 12.1, 13.3(2), 13.4(2), 13.10 (1) Appointing (and therefore dismissing) authority in case of a Sub- Inspector of Police is the Superintendent of Police and not the Deputy Inspector-General of Police-Irreconcilability of rr. 13.3(2) & 13.10(1).   Held, that officiating promotion to the rank of Sub-Inspector of Police is made under rule 13.4(2) and substantive promotion under rule 13.3(2) of the Police Rules, Volume II but in either case the promotion is by the Superintendent of Police and not by the Deputy Inspector-General of Police. Under the Police Rules, a Sub-Inspector of Police is not directly appointed, but is appointed by promotion, and, therefore, whether he is treated as appointed or promoted as Sub-Inspector, the power to appoint or promote vests in a Superintendent of Police under the delegated or conferred authority. Since a Sub-Inspector is not directly appointed, as appears from Police Rule 12.3, it has to be inferred that the delegated power of appointment under section 241(1)(b), Government of India .Act, 1935, refers to appointment of a Sub-Inspector by promotion.   Police Rules 13.4(2) and 13.3(2) direct that substantive and officiating promotions to the rank of Sub-Inspector shall be made by the Superintendent of Police, and if along with these rules is borne in mind that it is the Superintendent of Police, who is delegated the power to appoint Sub-Inspectors, the only conclusion is that the Superintendent of Police and not the Deputy Inspector-General of Police is the appointing Authority. As far as officiating appointment is concerned, there can be no two opinions, in view of the decision in P L D 1965 S C 50, that the appointing Authority is the Superintendent of Police.   With regard to substantive promotion the position is the same, since under Police Rule 13.3(2) substantive promotion to the rank of a Sub-Inspector shall be made by the Superintendent of Police.   It is not possible to reconcile the two Police Rules 13.3(2) and 13.10(1) so far as appointments of Sub-Inspectors are concerned, because…