Summarize the following court judgment. Appeal No. 23 of 1967. Appeal by special leave from the judgment and order dated October 9	 1963 of the Patna High Court in M.J.C. No. 824 of 1963. section N. Prasad and R. B. Datar	 for the appellant. B. P. Jha	 for respondents Nos. 1 and 2. The Judgment of the Court was delivered by Shelat	 J. This appeal	 by special leave	 is against the judgment of the High Court of Pitna dismissing in limine the writ petition Med by the appellant challenging the order of his dismissal from service passed by the Government of Bihar. 865 The appellant was first appointed as a stenographer	 Sub Inspector of Police in 1940 in the Police Service of the State. After the requisite training in the Police Training College at Hazaribagh	 he was posted as a Sub Inspector in 1950 in Champaran District. In 1954	 he was promoted to officiate as an Inspector of Police. In June 1955	 he worked in Saharsa District as an officiating Inspector of Police. In July 1955	 he received a notice to show cause why disciplinary proceedings should not be taken against him in a matter relatng to certain cloth recovered at Katihar Police Station in a Police Case under sections 379 and 414 of the Penal Code. The appellant submitted his reply denying any misapropriation by him. On September 26	 1955	 he was served with a charge sheet heet alleging misappropriation and connivance by him of misappropriation by two constables named therein . This was followd by an enquiry held by the Deputy Superintendent of Railway police at Samastipur. The appellant alleged that the enquiry was held at partially behind his back and was	 therefore	 bad. ' In April 1956	 the Deputy Superintendent of Police submitted his findings to the Superintendent of Railway Police	 Samastipur holding that the charges against the appellant had been established. These findings were than submitted to the Inspector General of Police with a recommendation that the appellant should be awarded exemplary punishment. In September 1957	 the Inspector General served a second show cause notice on the appellant to show cause why he should not be dismissed. The appellant submitted his reply and also appeared in person. By his order dated September 30	 1958	 the Inspector General exonerated the appellant from the said charges. But on the basis of certain adverse remarks in the confidential character roll of the appellant	 he passed an order reverting the appellant to his substantive rank of Sub Inspector of Police for a period of one year. This order clearly was one of penalty. Admittedly	 there was no charge against the appellant founded on the said adverse remarks. The adverse remarks on the basis of which the order of reversion was passed were	 as the said order itself pointed out	 never notified to the appellant. Nor was any opportunity to explain those remarks ever afforded to the appellant before the order of reversion was passed. Aggrieved by the said order the appellant filed an appeal before the Government. On November 7	 1959	 the Government set aside the order of reversion passed by the Inspector General. That was the relief prayed for by the appellant in his said appeal. The order was set aside on the ground that no opportunity had been given to the appellant to explain the said adverse remarks	 866 and that therefore	 it was legally unsustainable. But the Govern 	 ment passed instead an order of dismissal disagreeing with the findings of the Inspector General and agreeing with the findings given by the enquiry officer	 by whom the appellant had been found guilty. On a further appeal to the Governor having been dismissed by the Government	 the. appellant filed a writ petition in the High Court. On January 18	 1962	 the High Court allowed the writ petition setting aside the Government 's order of dismissal	 but directed that the appellant 's appeal should go back to the Government for disposal according to law. '	 The Government thereupon served a notice on the appellant to show cause why he should not be dismissed from service. That notice was issued on	 the strength of rr. 851 (b) and 853 A of the Bihar & Orissa Manual	 1930. The appellant thereupon gave his reply and requested for a personal hearing. The request for personal hearing was rejected. About a year after the High Court 's order quashing the Government 's order of dismissal	 the Government issued an order dated March 5	 1963 reinstating the appellant	 but at the same time suspending him from service. On June. 15	 1963	 the Government passed the order dismissing the appellant from service. Hence	 the appellant filed once more the present petition which the High Court dismissed in limine. The question is whether it was competent for the Government	 in an appeal filed by the appellant against the said order of reversion passed by the Inspector General Police	 to set aside the findings of that officer by which he exonerated the appellant from the said charges against him	 which findings were not appealed against by the department	 and then pass an order of dismissal accepting the findings of the enquiry officer. The appellant was governed by the 	 5 of 1861. Sec. 2 of the Act deals with the constitution of the police force and provides that the entire police establishment under a State Government shall	 for the purposes of the Act	 be deemed to be one police force	 and shall be constituted is such manner as shall from the to time be ordered by the State Government. 3 provides that "The superintendence of the police throughout a general police district shall vest in and	 shall be exercised by the State Government to which such district is subordinate. " Under section 4	 the admistration of the police throughout a general police district is vested in the Inspector General of Police	 and in such Deputy Inspectors General of Police and Assistant InspectorsGeneral as the State Government shall deem fit. 7 runs as follows "Subject to the provisions of article 3 1 1 of the Constitution	 and to such rules as the State Government may 867 from time to time make under this Act	 the InspectorGeneral	 Deputy Inspectors General	 Assistant inspectors General and District Superintendents of Police may at any time dismiss	 suspend or reduce any police officer of the sub ordinate ranks whom they shall think remiss or negligent in the discharge of his duty	 or unfit for the same	 or may award any one or more of the following punishments to any police officer of the subordinate rank who shall discharge his duty in a careless or negligent manner	 or who by any act of his own shall render himself unfit for the discharge thereof	 namely. " The section then sets out the punishments which the said officers can impose	 namely	 fine	 confinement to quarters	 deprivation of good conduct pay and removal from any office of distinction or special emolument. It is clear that the Act itself confers on the Inspector General power to impose in suitable cases the penalty of dismissal	 suspension and reduction	 subject of course	 to the provisions of article 311 and the rules made under the Act. The power of superintendence conferred on the State Government by section 3 must	 therefore	 be read in the light of the provisions of section	 7 under which the Legislature has conferred specific powers to the officers mentioned therein. Therefore	 the State Government cannot interfere with	 under the purported exercise of the general power of superintendence under section 3 with an order passed by any one of the officers mentioned in section 7 in exercise of the power conferred on them by that section	 unless there is some provision which authorises or envisages such interference. Under section 46(2)	 the State Government has been given the power to make rules from time to time by notification in the official gazette consistent with the Act	 Inter alia : "(a) to regulate the procedure to be followed by Magistrates and police officers in the discharge of any duty imposed upon them by or under this Act; (c)generally	 for giving effect to the provisions of this Act. " It would seem that in pursuance of the rule making power under section 46 (2) rules have been made which are to be found in the Bihar & Orissa Police Manual	 1930. The Manual has not been produced before us. But we find r. 851 set out by the High Court 868 in its judgment in the first writ	 petition filed by the appellant	 reported in Makeshwar Nath vs Bihar(1). The rule so set out reads 'as follows : "General rules as to appeals (a). . (b) Against an order of	 dismissal	 removal reduction	 withholding of promotion or peri odical increment. there shall be one appeal in each case as follows; Against an order passed by a Superintendent	 to the Deputy Inspector_General; Against an original order passed by a Deputy Inspector General	 to the Inspector General; Against an original(order passed by the Inspector General	 to the Local Government. (c) The order of the appellate authority on any such appeal shall be final. " Under this rule an appeal would lie before the Government against the order of the Inspector General reverting the appellant to his substantive post of Sub Inspector for one year. Such an appeal was in fact filed by the appellant. But no appeal was filed by the department against the order of the Inspector General exonerating the appellant of the charges of misappropriation and connivance of misappropriation by the two constables. Under r. 851 (b)	 therefore	 the only question before the Government was whether the order of reversion should be sustained or not. There was no other matter by way of an appeal before the Government by the department or by any one else being aggrieved against the order of the Inspector General by which he held that the charges. against the appellant had not been established. That being so	 the Government could pass in exercise of its appellate power under r. 851 (b) such an order as it thought fit in the appeal filed by the appellant	 i.e. either upholding the order of reversion or setting it aside. In the absence	 of any other appeal	 the Government could not sit in judgment over the findings of the Inspector General given by him under the power conferred upon him by section 7 of the Act. An appeal before the Government having been provided for under r. 851 (b)	 presumably both by the delinquent police officer	 as also by the department	 if aggrieved by an order passed by the Inspector General	 there would also be no question of the Government exercising	 its general power of superintendence under section 3 of the Act. The (1) A.I.R. 1962 Pat. 276. 869 exercise of such a power is ordinarily possible when there is no provision for an appear unless there are other provisions providing for it. The order of dismissal passed by the Government in the appeal filed by the appellant therefore	 was not sustainable. We are	 however	 informed by counsel that the Government of Bihar has framed two rules	 r. 853 and r. 853 A. Rule 853	 a copy	 of which has been furnished to us	 provides "Memorials and Revision. No petition or memorial which is a representation against an order passed in a disciplinary case shall be submitted to any authority other than the authority which under the rule for the time being in force is empowered to enter am the appeal. No memorial or revision was filed either by the appellant or any one else before the Government	 which was the appellate authority which could entertain such a memorial or revision. Assuming that under r. 853 the Government could suo moto revise the order of the Inspector General	 an appeal having been filed before I it	 it could not so act. The fact that the power of revision is con feared on the authority possessed of appellate power indicates that the power of revision is intended to be used when an appeal could not for some reason be filed and the appellate authority felt that the order was so unjust or unreasonable that it shold act under its revisional power. That was not the case of the Government before us. Nor did the Government say so in the impugned order. Therefore	 there was no occasion for the Government to revise the order passed by the Inspector General exonerating the appellant of the charges preferred against him. In its order	 dated January 31	 1963	 the Government	 no doubt	 has referred to rr. 8 5 1 (b) and 8 5 3 A as being the rules under which it purported to act for the purpose of making the impugned order of dismissal. Rule 851 (b)	 as already pointed out	 however	 confers no such power. As regards r. 853 A	 it is neither set out in the impugned order	 nor in the statement of case of the respondent State. We called for its production	 or even its copy but counsel for the State expressed his inability to produce the same. Further	 counsel for the appellant told us that even if r.853 A had been framed	 it cannot operate because so far it has	 not been published in the official gazette as required by section 46(2). Counsel for the State was not in a position to throw any light whether the said rule has been framed or not and if framed whether it was notified in the Gazette. In these circumstance he could not rely upon that rule to sustain the order of dismissal passed by the Government. We have	 therefore	 to go upon r. 851 (b)	 which clearly does not empower the Government to pass an order such as the one impugned by the appellant on the ground 870 of its revisional power or any such similar power under section 3 of the Act. In the absence of any other provision of law or any rule conferring on the State Government the	 power to pass an order of dismissal in exercise of its revisional power or power of general superintendence	 the general principle must prevail	 namely	 that an appellate authority in an appeal by an aggrieved party may either dismiss his appeal or allow it either wholly or partly and uphold or set aside or modify the order challenged in such appeal. It cannot surely impose on such an appellant a higher penalty and condemn him to a position worse than the one he would be in if he had not hazarded to file an appeal. Since under r. 851 (b) an appeal to the Government has been provided for and the Government had under that rule the appellate authority to dispose of appeals filed before it against the original order passed by the Ins pector General	 it could not resort to any general power of superintendence except in cases where there is a provision conferring such a power in addition to its appellate authority and in the manner envisaged by such a provision. In our view	 the High Court was not right in dismissing the appellant 's writ petition. The appeal has	 therefore	 to be allowed and the order of the State Government quashed as being without jurisdiction. The consequence is as if the appellant was never dismissed	 and continued to remain in the	 police force to which he was attached. The respondent State will pay to the appellant the costs both of this appeal and also of the writ petition filed by him in the High Court. G.C. Appeal allowed.

At the relevant time the appellant was in the service of the State of Bihar as officiating Inspector of police. After a departmental inquiry against him the report of the enquiry officer was submitted to the Inspector General of Police with the recommendation that the appellant should be given exemplary punishment. Under section 7 of the the Inspector General had power to impose in suitable cases penalty of dismissal	 suspension and reduction. The Inspector General exonerated the appellant	 from the charges laid against him but on the basis of certain adverse remarks in the confidential character roll of the appellant he passed an order reverting the appellant to the substantive rank of sub inspector of police for a period of one year. These adverse remarks had never been notified to the appellant nor was	any opportunity to explain them ever offered to him before the order of reversion was passed. In appeal the State Government set aside the order of reversion passed by the Inspector General on the ground that no opportunity had been given to the appellant to explain the adverse remarks	 but the Government instead passed an order of dismissal disagreeing with the findings of the Inspector General and agreeing with the findings given by the enquiry officer by whom the appellant had been found guilty. On further appeal to the Governor having been dismissed by the Government the appellant filed a writ petition in the High Court. The High Court allowed the writ petition but directed that the appellant 's appeal should go back to the government for disposal according to law. The Government thereupon served notices on the appellant to show cause why he should not be dismissed from service. The notice was issued oh the strength of rr. 851(b) and 853 of the Bihar and Orissa Police Manual	 1930. The appellant thereupon gave his reply. About a year after the High Court 's order quashing the Government 's order of dismissal	 the Government issued an order reinstating the appellant but at the same time suspending him from service. This was followed by an order dismissing the appellant from service. The appellant once more filed a petition in the High Court which was dismissed in liming. By special leave the present appeal	 was filed. The question for consideration was	 whether it was competent for the Government	 in an appeal filed by the appellant against the order of reversion passed by the Inspect(* General of Police to set aside the findings of that officer by which he exonerated the appellant from charges against him	 which findings were not appealed against by the department	 and then pass an order of dismissal accepting the findings of the enquiry officer. HELD:(1) The Act itself confers on the Inspector General power to impose in suitable cases the penalty of dismissal	 suspension and reduc L1100Sup. Cl/71 864 tion	subject to the provisions of article 311 and the rules made under the Act. The power of superintendence conferred	 on the State Government by s.3 must	 therefore	 be read in the light of the provisions of section 7 under which the legislature has conferred specified powers to the officers mentioned therein. Further	 an appeal before the Government having been provided for under r. 851 (b)	 presumably both by the delinquent police officer	 as also the department	 if aggrieved by an order passed by the Inspector General	 there would also be no question of the Government exercising its general power of superintendence under section 3 of the Act. The exercise of such a power is ordinarily possible when there is no provision for an appeal unless there are other provisions providing for it. [867 D 869 A] (ii)Under r. 851(b) the only question before the Government was whether the order of revision should be sustained or not. There was no other matter by way of an appeal before the Government by the department or by anyone else being aggrieved against the order of the Inspector General by which he held that the charges against the appellant had not been established. That being so	 the Government could pass in exercise of its appellate power	 under r. 851 (b) such an order as it ' thought fit in the appeal filed by the appellant i.e.	 either upholding the order of reversion or setting it aside. In the absence of any other appeal	 the Government could not sit in judgment over the findings of the Inspector General given by him under the power conferred on him by section 7 of the Act [868 E G] (iii)The order of the Govertunent could not also be defended under r. 853. Assuming that under r. 853 the Government could suo moto revise the order of the Inspector General	 on appeal having been filed before it	 it could not so act. The fact that the power of revision is conferred on the authority possessed of appellate power indicates that the power of revision is intended to be used when an appeal could not for some reason be filed and the appeuate authority felt that the order was so unjust or unreasonable that it should act under its revisional power. That wae not the case of the Government in the present case. [869 D E] [whether the order of the Government could be defended under r. 853A could not be considered because the existence of the rule was not proved.]