Judgement

MAHAJAN C.J.I. : This appeal by leave of the High Court of Judicature of Travancore-Cochin at Ernakulam is directed against an order of a Full Bench of that court dismissing an application for the issue of a writ of certiorari quashing the order of the Government of the united State of Travancore-Cochin removing the appellant from service of the State and permanently debarring him from reappointment in service.

2. The facts giving rise to the petition and the appeal are these: The petitioner entered the service of the erstwhile Travancore State in the year 1928. By promotion he became the Executive Engineer, Electricity Department in August 1937 and subsequently Electrical Engineer to Government in October 1944. He was the Electric Engineer to Government on the 1st July 1949 when the States of Travancore and Cochin were integrated by a Covenant entered into between the rulers of the two States. By an order of the Government of the united State of Travancore-Cochin dated the 11th August 1949, he was appointed as the officiating Chief Engineer (Electricity) in the State.

In or about September 1949 the Government of the united State received serious complaints about the conduct and dealings of some of their senior officers and allegations of corruption, communalism, etc. were made against them. In December 1949 the Council of Ministers decided to take action against the appellant on a number of charges indicated in the resolution. On the 22nd December 1949, immediately after this resolution was passed, the petitioner was informed that he was suspended from service pending enquiry and he was requested to hand over charge to Sri K. P. Sridharan Nair forthwith. The petitioner complied with this order & handed over charge as directed. On the 21st March 1950 the fallowing notification was issued:

"Whereas Government are of opinion that there are sufficient grounds for making a formal and public inquiry into the truth of the imputation of misconduct of the officers mentioned below :

Government, under Section 3 of the Travancore Public Servants (Inquiries) Act, 11 of 1122, hereby commit the said inquiry to Sri K. Sankaran, Judge, High Court, appointed Commissioner for the purpose.

Government are further pleased under Section 4 of the said Act to nominate Sri T. R. Balakrishna Ayyar, Government Pleader, High Court, to prosecute the inquiries on their behalf.

The inquiries shall be conducted as early as possible.

The officers referred to in para. 1 supra are :

1....... ...... ...... ......

2. Sri P. Joseph John".

The petitioner was informed by notice of the 24th April 1950 about this inquiry. The notification was signed by Shri K. G. Menon, Chief Secretary to Government.

3. Mr. Justice Sankaran took charge as Enquiry Commissioner and on the 11th May 1950 forwarded the articles of charges against the petitioner, the list of witnesses and the list of documents placed before him together with the notice regarding the commencement of the enquiry to Shri K.S. Raghavan, Secretary to Government, for service on the petitioner.

A few days before the date fixed for the commencement of the enquiry the petitioner made an application to the Enquiry Commissioner for a direction to the Prosecutor to produce the files and papers relating to the various charges in the office of the Commissioner and for permission to him and his counsel to inspect the same. This application was allowed and he and his advocate were allowed to inspect the relevant files in the presence of the Prosecutor or his deputy.

On the 20th May 1950 when the enquiry commenced, the petitioner pleaded not guilty to the charges by a written statement. He was defended during the enquiry by Shri K. P. Abraham, a leading member of the Bar. A preliminary objection was, taken to the Tribunal s jurisdiction on the basis of Article 20 of the Covenant entered into between the rulers of Travancore and Cochin and it was contended that the proceedings before the Commissioner were criminal in nature and