Supreme Court of India · 1960-07-21
BHAGAT SINGH vs THE STATE OF PUNJAB
- Citation / case number
- SC 1957/60006
- Court
- Supreme Court of India
- Petitioner
- BHAGAT SINGH
- Respondent
- THE STATE OF PUNJAB
- Author
- GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAHC.
- Bench
- GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that the appellant's dismissal from the Punjab Police was valid as he was governed by the Police Regulations, which excluded the applicability of Section 240(3) of the Government of India Act, 1935. The Court clarified that the appellant was not entitled to a second notice under Section 240(3) since the provisions were not applicable to him at the time of dismissal. Additionally, it was determined that a departmental enquiry could proceed despite the possibility of criminal prosecution under the Police Act, 1861, as the provisions did not bar such action against police officers of subordinate rank.