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october 1973

Supreme Court of India · 1973-10-10

STATE OF MYSORE AND ORS. vs H. D. KOLKAR

Citation / case number
SC 1968/60305
Court
Supreme Court of India
Petitioner
STATE OF MYSORE AND ORS.
Respondent
H. D. KOLKAR
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court held that Rule 17(2) of the Bombay Police (Punishment and Appeal) Rules, 1956, which allows the State Government to enhance punishment imposed by the Superintendent of Police under Section 25(2)(a) of the Bombay Police Act, 1951, is ultra vires Section 25(c). The Court clarified that the power to enhance punishment can only be exercised after the concerned officer has made a decision under Section 25(2)(a), and the Government cannot revise such decisions. The High Court's ruling quashing the Government's enhancement of punishment was upheld.

STATE OF MYSORE AND ORS. vs H. D. KOLKAR · Niyam