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.