Holding

Regulation 486(1)(3) of the U.P. Police Regulations is confined to departmental proceedings under Section 7 of the Police Act and does not preclude a police officer, authorized under the proviso to Section 5A of the Prevention of Corruption Act, from investigating offences punishable under that Act.

Summary

Surinder Pal Singh, a Deputy Superintendent of Police, was accused of misappropriating twenty gold bricks recovered during an investigation and was charged under several IPC sections, the Prevention of Corruption Act and the Treasure‑Trove Act. The investigation was carried out by an Inspector of the Crime Branch, which Singh challenged on the ground that Regulation 486(1)(3) of the Uttar Pradesh Police Regulations required a higher‑ranking officer to investigate a police officer. The Allahabad High Court held the regulation mandatory and barred the charge‑sheet, issuing a mandamus. On appeal, the Supreme Court held that Regulation 486(1)(3) applies only to departmental proceedings under Section 7 of the Police Act and does not govern criminal prosecutions under the Prevention of Corruption Act. The proviso to Section 5A of the Prevention of Corruption Act, authorising a police officer of at least Inspector rank, if sanctioned by the State Government, overrides both the regulation and Section 36 of the CrPC. Consequently, the investigation by the Inspector was valid and the High Court’s order was set aside. The appeal was allowed, permitting the Inspector to continue the investigation and file a charge‑sheet if appropriate.

Issues considered

Whether Regulation 486(1)(3) of the U.P. Police Regulations applies to investigations of offences punishable under Section 5 of the Prevention of Corruption Act.
Whether the proviso to Section 5A of the Prevention of Corruption Act overrides the rank‑requirement in Regulation 486(1)(3) and Section 36 of the Criminal Procedure Code.
Whether Section 36 of the CrPC contains a provision analogous to Regulation 486(1)(3) concerning the rank of the investigating officer.
Whether the alleged misappropriation of gold bricks constitutes ‘criminal misconduct’ under Section 5(1)(c) of the Prevention of Corruption Act.

Legislation cited

Code of Criminal Procedure, 1973s. 36
Indian Penal Code, 1860s. 120-B, s. 203, s. 218, s. 342, s. 392, s. 409
Indian Treasure Trove Act, 1878s. 20, s. 4
Police Act, 1861s. 7
Prevention of Corruption Act, 1947s. 5(1), s. 5(2), s. 5A
U.P. Police Regulationss. Regulation 486(1)(3)

Subjects

Prevention of Corruption ActPolice RegulationsInvestigation rankCriminal misconductSection 5ARegulation 486Criminal Procedure CodeDepartmental proceedingsGold bricks misappropriationSupreme Court appeal

Judgment

STATE OF UTTAR PRADESH & ORS. A
v.
SURINDER PAL SINGH

JANUARY 31, 1989

[E.S. VENKATARAMIAH AND N.D. OJHA, JJ.] B

Police Act, 1861: Section 7.

U.P. Police Regulations-Regulation 486(1)(3) scope of-
Procedure-Whether confined to Departmental Proceedings only-Not
applicable to investigation made in Criminal Prosecution.
c
Criminal Procedure Code, 1973: Section 36-Does not contain a
procedure similar to Regulation 486(1)(3) of the U.P. Police
Regulations-Does not deal with competence of police officer to
conduct investigation-Section 5A of the Prevention of Corruption Act,
1947 overrides Section 36 of the Code. D

Prevention of Corruption Act, 1947: Sections 5(1) and (2),
5-A(J). Proviso.

"Criminal Misconduct"-What is-Police Officer Misappropria-
tion of-20 Gold Bricks recovered during investigation-ls "criminal E
misconduct" under section 5 (I)(c), punishable under section 5 (2).

Competency of authorised police officer to investigate offence--
Section 36 of Criminal Procedure Code and Regulation 486(1)(3) of the
U. P. Police Regulations held not applicable.
F
Indian Penal Code; 1860: Sections 120-B, 203, 218, 342, 392 and
409.

Indian Treasure-Trove Act, 1878: Sections 4, 20.

Word & Phrases: 'Criminal Misconduct'-Meaning of G

A First Infonnation Report was lodged against the respondent,
who was a Deputy Superintendent of Police, under Section 120-B, 203,
218, 342, 392, 402 of the Indian Penal Code read with Section 5(2) of the
Prevention of Corruption Act, 1947 as also under sections 4/20 of the
Treasure Trove Act, 1878. The case against the respondent was tltat H
347
348 SUPREME COUR,T REPORTS [1989] 1 S.C.R.

while investigating a case, as a Station Officer of a Police station, 20
A gold bricks which he had recovered were misappropriated by him. An
Inspector in the Crime Branch of the Criminal Investigation Depart-
ment carried on the investigation. Before, submission of the charge
sheet the respondent filed a Writ Petition in the High Court challenging
the legality of the investigation on the ground that the investigation was
B vitiated in law because it was conducted by an officer junior in rank to
him in violation of Regulation 486(1)(3) of the U.P. Police Regulations.

The High Court held that the provisions of Regulation 486(1)(3)
were mandatory and since the investigation was conducted by an
inspector who was not an officer "higher in rank than the respondent"
the investigation was vitiated in law. Accordingly, a writ of Mandamus
c was issued by the High Court directing the appellants not to submit any
charge sheet, hut leaving it open to the appellants to get the investigation
conducted by an officer competent to investigate under the said
Regulation.

D In this appeal by Special leave, it was contended on behalf of the
appellants: (i) that since one of the offences committed by the respon-
dent was under section S(2) of the Prevention of Corruption Act, the
inspector conducting the investigation though not higher in rank to the
respondent at the relevant time was competent to rnnduct the investigation
as he was authorised in this behalf by the State Government under the.
E proviso to sub-section (1) of Section SA of the Prevention of Corruption
Act: (ii) Regulation 486(1)(3) was relevant to departmental proceedings
against a police officer and it was not applicable to investigation of an
offence under Section S(2) of the Prevention of Corruption Act.

On behalf of the respondent it was contended: (i) that in view of
F the provisions of Section 36 of the Code of Criminal Procedure, 1973
and Regulation 486(1)(3), no interference was called for •with the judg-
ment of the High Court: (ii) the offence punishable under Section S(2)
of the Prevention of Corruption Act has not been committed by the
respondent, because the rejoinder affidavit filed on behalf of the appel-
lants refers to demand of illegal gratification by the other two const- •
G ables only, and therefore the proviso to sub-section (l) of section SA of
the Prevention of Corruption Act was not applicable.

Setting aside the judgment of the High Court and allowing the
appeal.

H HELD: I. The High Court erred in taking the view that notwith-
STATE OF U.P. v. S.P. SINGH 349

standing the provision contained in the proviso to Section SA of the
A
Prevention of Corruption Act and the undisputed fact that the
Inspector of Crime Branch, Criminal Investigation Department, who
conducted the inquiry in the instant case had been duly authorised to do
so by the State Government as contemplated by the said proviso, the
investigation was vitiated in law on the ground that the said inspector
was not higher in rank to the respondent as contemplated by Regulation B
486(I)(3) of the Regulations. [3S9D-E]

2. One of the offences said to have been committed by the respon-
dent was, as contemplated by Section S(2) of the Prevention of Corrup-
tion Act. [360H; 361A]

2.1 For determining what constitutes 'criminal misconduct' used c
in sub-section (2) of Section S of the Prevention of Corruption Act, one
has to refer to sub-section (I) thereof. This sub-section contains clauses
(a) to (e) and provides that a public servant committing' any of the acts
mentioned in the said clanses (a) to (e) is said to commit the offence of
'criminal misconduct'. Accepting or obfuining or attempting to obtain D
illegal gratification would be covered under clause (a). [360F]

2.1.1 The case against the respondent is that the 20 gold bricks
which he bad recovered during investigation were misappropriated by
him. Thns, even though the case of the.respondent could not be covered
by clause (a) it would squarely be covered by clause (c) of Section S(l) of E
the Prevention of Corruption Act and constitutes 'criminal misconduct'
within the meaning of sub-section (2) of the said section. [360G-H]

2.2 f:n view of the proviso to sub-section (I) of Section SA of the
Prevention of Corruption Act, a police officer not below the rank of an
Inspector of police if authorised by the State Government in this behalf F
by general or special order was entitled to investigate the aforesaid
offence without the order of a Presidency Magistrate or a Magistrate
of the First Class as the case may be, as contemplated by the main
provision contained in sob-section (I) of Section SA. The Inspector of
Police, Crime Branch who made the Investigation in the instant case,
had been authorised by the State Government as contemplated by the , G
proviso. Therefore, no exception can be taken to the investigation
by the Inspector of the Crime Branch of the Criminal Investigation
Department. [3S4B-D, F]

3. In view of the non--0bstante clause contained in Section SA
of the Prevention of Corruption Act, the provisions with regard to H
...
350 SUPREME COURT REPORTS [1989) 1 S.C.R.

investigation of an offence punishable under Section 5 of the Preven-
A .lt-
lion of Corruption Act as contained in Section SA thereof will have
overriding effect over Section 36 of the Code of Criminal Procedure,
1973. [354G-H)

3.1 Section 36 of the Code of Criminal Procedure, 1973 does not
B contain a provision similar to Regulation 486(1)(3) of the U.P. Police
Regulation, that investigation shall he made by a police officer -~
higher in rank than the officer charged. It only purports to confer
on police officers superior in rank to an officer in charge of police

c
station, the same powers throughout the local area to which they are
appointed as may he exercised by such officer within the limits of his
station. [354H; 355A-B)

4. The procedure prescribed in Regulations 486(1)(3) of the U.P.
1.,.
Police Regulations stands on the same footing as Rule 16.38 of the
Punjab Police Rules and had therefore to he confined to departmental
proceedings under Section 7 of the Police Act. [359A, B, C)
D
State of Punjab v. Raj Kumar, A.I.R. 1988 S.C. 805 and State of
.
Punjab v. Charan Singh, [1981) 2 S.C.C. 197, applied .

Delhi Administration v. Chanan Shah, [1969 I 3 S.C.R. 653;
Union of India v. Ram Kishan, [1971) 2 S.C.C. 349 and State of Uttar x
E Pradesh v. Babu Ram Upadhya, [1961) 2 S.C.R. 679, distinguished.

Mahendra Singh v. State, A.I.R. 1956 Allahabad 96, approved.

5. It will he open to the Inspector of the Crime Branch to proceed
~

F
with investigation and submit a charge sheet against the respondent if
after investigation it is found expedient to do so. [3618)

CNIL APPELLATE JURISDICTION: Civil Appeal No. 430
of 1989.
1
From the Judgment and Order dated 10.3.1987 of the Allahabad
G High Court in C.M.W.P. No. 15545of 1984.

Gopal Subramaniam and Mrs. S. Dikshit for the Appellants. -~

O.P. Rana and R. Ramchandran for the Respondent.

H The Judgment of the Court was delivered by
STATE OF U.P. v. S.P. SINGH \OJHA, J.I 351

· OJHIA, J, This appeal by special leave preferred against the A
judgment of the Allahabad High Court dated 10th March, 1987 in Civil
Misc. Wri~ Petition No. 15545 of 1984 raises a question about the
interpretation and scope of Regulation 486(I)(3) of the U.P. Police
· Regulations, hereinafter referred to as the Regulations. The respon-
dent Surinder Pal Singh who was a Station Officer of Police Station
B
Shikohabad was promoted as a Duputy Superintendent of Police on
20th June, 1977. A First information Report was lodged against him in
the Police Station Shikohabad on 8th June, 1980 by the Deputy
Superintendent of Police, Anti-Corruption, Agra Circle under
sections 409/392/203/218/342/120-B of the Indian Penal Code read
with Section 5(2) of the Prevention of Corruption Act as also under
sections 4/20 of the Treasure Trove Act. According to this First Infor- c
mation Report while digging some land on 1st March, 1977, one Parsu
Ram J atav and Jaipal Jatav found 20 gold bricks which they failed to
deposit with the authorities. However, on receiving an information in
this behalf from one Hiralal and Vinod Kumar, the said gold was
recovered by the respondent but was misappropriated. Investigation
was carried on by an Inspector in the Crime Branch of the Criminal D
Investigation Department. Before however any chargesheet could be
submitted, the respondent filed the aforesaid writ petition in the
Allahabad High Court challenging the legality of the investigation by
an officer jm;iior in rank to him. The writ petition was contested by the
appellants but was allowed by the judgment appealed against relying
on Regulation 486(I)(3) of the Regulations and a writ of mandamus E
was issued directing the appellants not to submit any chargesheet on
the basis of the Crime Branch. It was, however, left open to the appel-
lants to get the investigation conducted by an officer competent to
investigate under the aforesaid Regulation who could submit a
chargesheet.
F
In order to appreciate the respective submissions made by the
learned counsel for the parties, Regulation 486(I)(3) may usefully be
reproduced. It reads:

"486. When the offence alleged against a police
officer amounts to an offence only under section 7 of the G
Police Act, there can be no magisterial inquiry under the
Criminal Procedure Code. In such cases, and in other cases
until and unless a magisterial inquiry is ordered, inquiry
w.il) be. m.~9e u.nder the d_i,rection of the Superintendent of
!'o.li<;e in. a!'\;<m;lll,t)_Ce with tb,e following rules:. H
352 SUPREME COURT REPORTS [1989) I S.C.R.

I. Every information received by the police relating to the
A
commission of a cognizable offence by a police officer
shall be dealt with in the first place under chapter XIV,
Criminal Procedure Code, according to law, a case
under the appropriate section being registered in the
police station concerned provided that
B
(1)

(2)

(3) unless investigation is refused by the Superinten-
dent of Police under section 157(1)(b), Criminal
c Procedure Code; and not ordered by the District
Magistrate under section 159, or unless the District
Magistrate orders a magisterial inquiry urider section
159, investigation under section 156, Criminal Proce-
dure Code, shall be made by a police officer selected
D by the Superintendelil of Police and higher in rank
than the officer charged;

(4) .... ·"

The high Court relying on the decision ofthis Court in Staie of
E Uttar Pradesh v. Babu Ram Upadhya, [1961) 2 SCR 679 took the view
that since the provisions of Reg. 486(!)(3) were mandatory, the
investigation made IJy an Inspector of the Crime Branch who was not
an officer "higher in rank than the officer charged" namely the res-
pondent, was clearly vitiated in law.

F It has been urged by the learned counsel for the appellants that
since the respondent was alleged to have committed an offence inter
alia under section 5(2) of the Prevention of Clitruption Act also the
investigation made by the Inspector, Crime Branch, who had been
duly authorised in this behalf by the State Government was in accor-
dance with law, notwithstanding the fact th~t the respondent at the
G relevant time was an officer higher in rank than the Inspector who
made investigation. Reliance in support of this submission has been
placed on section 5A of the Prevention of Corruption Act, 1947
particularly the proviso to the said section. It was also submitted by
learned counsel for the appellants that Regulation 486(!)(3) even
though relevant with regard to departmental proceedings against a
H police officer had no relevance in so far as the investigation of an
STATE OF U.P. v. S.P. SINGH IOJHA, J.] 353

offence under Section 5 of the Prevention of Corruption Act was con-
A
cerned. For the respondent, on the other hand, it was urged that the
judgment appealed against did not call for any interference in view of
Section 36 of the Code of Criminal Procedure and Regulation
486(1)(3).

Having heard learned counsel for the parties we are of the B
opinion that the judgment appealed against cannot be sustained. Sub-
section (1) of Section 5A of the Prevention of Corruption Act, 1947
reads as hereunder:

"5A. Investigation into cases under this Act

(1) Notwithstanding anything contained in the Code of C
Criminal Procedure, 1898 (5 of 1898), no police officer
belm\'. the rank

(a) in the case of the Delhi Special Police Establish-
ment, of an Inspector of Police; D

(b) in the presidency-towns of Calcutta and Madras,
of an Assistant Commissioner of Police;

(c) in the presidency-town of Bombay, of a Superin-
tendent of Police; and E

(d) elsewhere, of a Deputy Superintendent of Police.

shall investigate any offence punishable under Section 161,
Section 165 or Section 165A of the Indian Penal Code (45
of 1860) or under Section 5 of this Act without the order of F
a Presidency Magistrate or a Magistrate of the first class, as
the case may be or make any arrest therefore without a
warrant:

Provided that if a police officer not below the rank of
an Inspector of Police is authorised by the State Govern- G
men! in this behalf by general or special order, he may also
investigate any such offence without the order of a Presi-
dency magistrate or a Magistrate of the first class, as the
case may be, or make arrest therefor without a warrant:

Provided further that an offence referred to in clause H
354 SUPREME COURT REPORTS [1989] 1 S.C.R.

(e) of sub-section (1) of Section 5 shall not be investigated ).,
A
without the order of a police officer not below the rank of a
Superintendent of Police.

(2) ...... "

B As seen above, one of the offences said to have been committed
by the respondent was, as contemplated by Section S(2) of the Preven-
tion of Corruption Act. In view of the proviso to Section SA, there-
fore, a police officer not below the rank of an Inspector of Police if
authorised by the State Government in this behalf by general or
special order was entitled to investigate the aforesaid offence without
the order of a Presidency Magistrate or a Magistrate of the first class as
c the case may be, as contemplated by the main provision contained in
sub-section (1) of Section 5A. That the Inspector of Police, Crime
Branch who made the investigation in the instant case had been
authorised by the State Government as contemplated by the aforesaid
proviso has not been disputed before us. Indeed, even before the High
D Court the said fact had not been disputed, as is apparent from the
following observations made in the judgment appealed against:

"It is undisputed that in the State of Uttar Pradesh,
Inspector of the Crime Branch of the Criminal Investiga- >(
tion Department, who are superior in rank to the Station
E Officer, had been entrusted with the jurisdiction over the
whole State to investigate into the cases under the provi-
sions of the Prevention of Corruption Act."

In this view of the matter unless the submission made by learned ~
counsel for the respondent based on Section 36 of the Code of Crimi- .·
F nal Procedure and Regulation 486(I)(3) is accepted, no exception can
be taken to the investigation made in the instant case by the Inspector
of the Crime Branch of the Criminal Investigation Department. As
regards Section 36 of the Code of Criminal Procedure firstly, the
provisions with regard to investigation of an offence punishable under
Section 5 of the Prevention of Corruption Act as contained in Section
G SA thereof are to prevail over any provision to the contrary in this
behalf in view of the non-obstante clause occurring in the beginning of J.
the Section namely, "Notwithstanding anything contained in the Code E
of Criminal Procedure, Ul98 (S of 1898) ..... ".Secondly, Section 36
of the Code of Criminal Procedure deals with powers of superior offi-
cers of police and provides that police officers superior in rank to an
H officer in charge of a police station may exercise the same powers,
STAIB OF U.P. v. S.P. SINGH IOJHA, J.] 355

throughout the local area to which they are appointed, as may be
A
exercised by such officer within the limits of his station is only an
enabling provision. On its plain language the said section only
purports to confer on police officers superior in rank to an officer in
charge of police station, the same powers throughout the local area to
which they are appointed as may be exercised by such officer within
the limits of his station. It does not obviously contain a provision - B
similar to Regulation 486(1)(3) that investigation shall be made by a
police officer higher in rank than the officer charged.

~-· As regards Regulation 486(I)(3), it is significant to note that the
said Regulation as is apparent from its opening words deals with a case
"When the offence alleged against a police officer amounts to an
offence only under Sectio~ 7 of the Police Act ..... ". Section 7 of the c
Police Act provides for the departmental punishments of inferior
police officers. It does not in terms make provision for any inquiry and
merely provides that the exercise of disciplinary powers shall be
"subject to such rules as the State Government may from time to time
make under this Act". Chapter 32 of the Regulations wherein Regula- D
tion 486(I){3) occurs, lays down these rules. In a recent decision of this
Court in State of Punjab v. Raj Kumar, AIR 1988 SC 805. Rule 16.38
of the Punjab Police Rules came up for consideration. Sub-clauses 1 to
4 of the said Rule read as hereunder:

"16.38(1). Immediate information shall be given to the E
District Magistrate of any complaint received by the
Superintendent of Police, which indicates the commission
by a police officer of a criminal offence in connection with
his official relations with the public. The District Magis-
trate will decide whether the investigation of t_he complaint
shall be conducted by a police officer, or made over to a F
selected Magistrate having 1st class powers.

(2). When investigation of such a complaint estab-
lishes a prima facie case, a judicial prosecution shall
normally follow: the matter shall be disposed of depart-
mentally only if the District Magistrate so orders for G
reasons io be recorded. When it is decided to proceed
departmentally the procedure prescribed in rule 16.24 shall
be· followed. An officer found guilty on a charge of the
nature referred to in this rule shall ordinarily be dismissed.

(3). Ordinarily a Magistrate before whom a comp- H
356 SUPREME COURT REPORTS [1989] I S.C.R.

laint against a police officer is laid proceeds at once to
A
judicial enquiry. He is, however, required to report details
of the case to the District Magistrate, who will forward a
copy of this report to the Superintendent of Police. The
District magistrate himself will similarly send a report to the
Superintendent of Police in cases of which he himself takes
B cognizance.

(4). The Local Government has prescribed the
following supplementary procedure to be adopted in the
case of complaints against police officers in those districts
where abuse of the law with the object of victimising such
officers or hampering investigation is rife. The District
c Magistrate will order that all petitions against police offi-
cers shall be presented to him personally. If he considers
that these petitions are of a frivolous or fictitious nature, it
is within his discretion to take no action on them. When he
considers an enquiry to be necessary he will use his discre-
D tion whether to send the papers to the Superintendent of
Police or to a Magistrate for judicial enquiry.

In the case of formal criminal complaints, the District
Magistrate will arrange for all cases to be transferred from )(
other courts to his own."
E
In that case a report was given against the respondent who was an
Assistant Sub-Inspector in the Punjab Police service to the Deputy
Superintendent of Police, Patiala alleging demand of illegal gratifica-
tion. After completion of investigation the respondent was charged-
sheeted before the Sub-Judge, Sangrur and an objection was raised by
F the respondent to the framing of charges against him on the ground
that the investigation of the case was in contravention of Rule 16.38.
His objection having been overruled by the Sub-Judge, the respondent
filed a petition before the High Court of Punjab and Haryana under
Section 56 lA of the Code of Criminal Procedure. There being a
conflict of decisions with regard to the interpretation and scope of
G Rule 16.38, the case was referred to a full Bench which allowed the
petition and quashed the charges framed against the respondent on the
ground that the investigation against the respondent had not been
done in accordance with Rule 16.38. An appeal was preferred in this
Court on the basis of a certificate granted under Article 134(1)(c) of
the Constitution by the State of Punjab and it was urged that the
H procedure prescribed in Rule 16.38 callee! for observance in the case of
STATE OF U.P. v. S.P. SINGH [OIBA, J.] 357

. }. departmental enquiries alone and it could not govern criminal pro- A
secutions also for offences under the Indian Penal Code and other
Acts. Reliance in support of this submission was placed on an earlier
decision of this Court in State of Punjab v. Charan Singh, [1981] 2 SCC
197 declaring that Rule 16.38 cannot govern criminal prosecutions
against the members of the police force as it could not override the
provisions of the Code of Criminal Procedure. While agreeing with the B
- ··-+ aforesaid proposition of law the matter was dealt with in Raj Kumar's
case (supra) at some length in view of certain misconceptions con-
tained in the judgment of the High Court under appeal. It was pointed
out that Section 3 of the Police Act conferred the right of superintend-
ence of police force throughout the general police district on the State
Government and vested in such government the right to exercise such C
powers in that behalf. It was also pointed out that Section 7 thereof
dealt with the appointment, dismissal, etc. of inferior officers. It was
also noticed therein that besides the power conferred on the State
Governments to make rules under Section 7, there was also provision
under Section 12 of the Police Act for the Inspector-General of Police
subject to the approval of the State Government to frame such orders D
and rules as stated in the said Section, and that the Punjab Police
Rules, 1934 had been framed in the exercise of the powers conferred
under Sections 7 and 12.

The view taken by the full Bench of the Punjab and Haryana
High Court in that case was that the rules framed in exercise of powers E
conferred under Sections 7 and 12 had the force of law and they con-
stituted a special legislation which took precedence over the provisions
of the Code of Criminal Procedure. And since Rule 16.38 contained a
mandatory provision regarding the procedure to be followed when any
complaint was received by the Superintendent of Police against a
member of the police force regarding the commission of offence by F
him in connection with his official relations with the public, the said
rule would apply with equal force to investigations relating to criminal
offences for which a prosecution was to be launched as it would -to
enquiries for taking departmental action through disciplinary pro-
ceedings.
G
After referring to earlier decisions of this Court in the cases of
Delhi Administration v. Channan Shah, [1969] 3 SCR 653; Union of
India v. Ram Kishan, [1971] 2 SCC 349 and State of Uttar Pradesh v.
Babu Ram Upadhya (supra) on which reliance seems to have been
placed on behalf of the respondent of that case, it was held that the
aforesaid decisions "related to departmental enquiries and not crimi- H
358 SUPREME COURT REPORTS [1989] 1 S.C.R.

A
nal prosecutions for offences committed by the delinquent police A·
offices. The pronouncements in these cases will, therfore, govern only
cases where departmental enquiries are held in contravention of the
procedure prescribed by the Police Rules. The reason for a special
procedure being prescribed in the Rules for investigations before
departmental enquiries are held against delinquent police officers is
B not far off to see. In the very nature of their duties, the members of the
police force would often stand exposed to criticism and complaints by
not only the members of the public but also by the members of the
force themselves and consequently they stand placed more vulnerable
than members of other Government services, of being implicated in
false or exaggerated charges." After considering the nature and
purpose of Rule 16.38 of the Punjab Police Rules, it was further held:
c
"The procedure envisaged by the Rule is for effective
check being exercised against victimisation of efficient and
honest police officers on the one hand and favouritism
being shown to the delinquent police officers on the other.
D These rules were not intended to replace and certainly
cannot override the provisions of the Criminal Procedure
Code. The Full Bench was therefore in error in taking the
view that the Rules lay . down a special procedure for
investigation of all offences committed by the members of
the police force and, that they have overriding effect over
E the provisions of the Criminal Procedure Code in terms of
Sections 4 and 5 of the Code."
-
"We therefore hold that the Full Bench was in error in
F taking the view that the Punjab Police Rules read in
con junction with the Police Act prescribe a different proce-
dure for the investigation and prosecution of offences com-
mitted by Police officers under the l.P.C. or other Acts in
connection with their relations with the public and that the
rules constitute a special statute and take precedence over
G the provisions of the Cr.P.C. The Full Bench has failed to
note that Rule 16.38 only mandates the investigation of
cases pertaining to departmental enquiries and the holding
of departmental enquiries in accordance with the pro-
cedure prescribed thereunder."

H Coming to the facts of the instant case it may be pointed out that
STATE OF U.P. v. S.P. SINGH [OJHA, J.I 359

in view of the opening words of the said Regulation namely "when the A
offence alleged against a police officer, amounts to an offence only
under Section 7 of the Police Act," the said Regulation also stands on
the same footing as Rule 16.38 of the Punjab Police Rules. In
Mahendra Singh v. State, AIR 1956 Allahabad 96 a special Bench of
the Allahabad High Court held that section 7 of the Police Act pro-
vides for the departmental punishment of inferior police officers. it B
was also held that the said section did. not in terms make provision for
any inquiry; it merely provided that the exercise of disciplinary powers
shall be subject to rules framed by the State Government and Chapter
32 of the Police Regulations laid down these rules which provided for a
departmental trial for punishment to be inflicted under Section 7 of the
Police Act. In this view of the matter it is apparent that like Rule 16.38 C
of the Punjab Police Rules, the procedure prescribed in Regulation
486(1)(3) of the Regulations had to be confined to departmental pro-
ceedings under Section 7 of the Police Act and the High Court was
clearly in error in taking the view. that notwithstanding the provision
contained in the proviso to Section'SA of the Prevention of Corruption
Act and the undisputed fact that the Inspector of Criminal Branch, D
Criminal Investigation Department, Who conducted the enquiry in the
instant case had been duly authorised by the State Government as
contemplated by the said proviso, the investigation was vitiated in law
on the ground that the said Inspector was not higher in rank to the
respondent as contemplated by Regulation 486(I)(3) of the Regula-
tions. E

•1 Learned counsel for the respondent, in this connection, brought
to our notice the following averment in paragraph 3 of the rejoinder
~• affidavit of Mahavir Singh Tamar filed on behalf of the appellants:
J F
"It is further submitted that the com~laint" against the
respondent was not received by the Superintendent of
Police of District. The same was received from Central
Government by the State Government of U .P. and where-
from, in exercise of the General powers of superintendence
over criminal investigation, it was handed ov,er'directly to G
Crime Branch, Criminal Investigation Dep~elit, U.P.
Anti-Corruption Department of U.P. inquired into the
matter for testing and verifying the truth of allegations and
finally lodged F.l.R. against the Respondent and others
under s. 409/392/218/342/120-B l.P.C. and 5(2) Prevention
of Corruption Act at Crime No. 351 at P .S. Shikohabad, H
360 SUPREME COURT REPORTS 11989] 1 S.C.R.
'
A
District Mainpuri. It is worth mentioning that offence A ,
under Sec. 5(2) of Prevention of Corruption Act covers
demand of illegal gratifications by one S.l. Sobran Singh
Chauhan and Constable Brijendra Singh only, hence the
application of provisions of Para 486(1) is out of question."

B
On its basis, it was urged that since offence punishable under Section
~
5(2) of the Prevention of Corruption Act is said to have been commit-
ted only by S.I. Sobran Singh Chauhan and Constable Brijendra Singh

-4~
and not by the respondent, the proviso to Section SA of the Prevention
of Corruption Act was not attracted to the facts of the instant case. We
find it difficult to agree with this submission in view of the specific '\
c statement contained in Paragraph 3 of the rejoinder affidavit to the
effect that the First Information Report which was lodged against the
respondent and others was under various sections including Section ..,,.
5(2) of the Prevention of Corruption Act. The averment with regard to
S.l. Sobran Singh Chauhan and Constable Brijendra Singh is with
referece to "demand of illegal gratification". Section 5(2) of the
D
Prevention of Corruption Act provides: "Any public servant who
commits criminal misconduct shall be punishable with imprisonment
for a term which shall not be less than one year but which may extend
to seven years and shall also be liable to fine:
)I

E Provided that the court may, for any special reasons recorded in
writing, impose a sentence of imprisonment of less than one year."
•
For what is meant by "criminal misconduct" used in sub-section
(2) of Section 5 of the Prevention of Corruption Act, one has to refer
to sub-section (1) thereof. This sub-section contains clauses (a) to (e) -~
F and provides that the public servant committing any of the acts ~
mentioned in the said clauses (a) to (e) "is said to commit the offence
of criminal misconduct''. Accepting or obtaining or attempting to
obtain illegal gratification would be covered under clause (a). As seen
above, the case against the respondent is that the 20 gold bricks which
he had recovered were imsappropriated by him. Thus, even though it
G would not be covered by clause (a) it woud squarely be covered by
clause (c) of Section 5(1) of the Prevention of Corruption Act and
constitutes "criminal misconduct" within the meaning of sub-section
*'...,.
(2) of the said Section. From the averment in the rejoinder affidavit
referred to above, it is, therefore, not possible to accept the submis-
sion made by learned counsel for the respondent that the respondent is
H
STATE OF U.P. v. S.P. SINGH JOJHA, J.J 361

not alleged to have committed any offence under Section 5(2) of the A
Prevention of Corruption Act. In view of the foregoing discussion, this
appeal succeeds and is allowed and the judgment of the High Court is
set aside. It would now be open to the Inspector of the Crime Branch
to proceed with the investigation and to submit a chargesheet against
the respondent if on investigation it is found expedient to do so.
B
T.N.A. Appeal allowed.