JUDGMENT :

Raghubar Dayal, J.

This appeal, by the State of Madras, on certificate granted by the High Court of Madras, raises the question about the power of the High Court, when exercising jurisdiction under Article 226 of the Constitution, to consider the propriety and correctness of a finding of fact arrived, by the Government on the basis of an enquiry conducted by the Tribunal appointed under the provisions of the Madras Civil Services (Disciplinary Proceedings Tribunal) Rules, 1948, hereinafter referred to as the Tribunal Rules, framed by the Governor of Madras in connection with complaints against Government servants of the State. The question arises in this way.

2. Sundaram, respondent, was an Inspector of Police in the Madras State on August 30, 1951, when he is said to have demanded bribe from one Muniswamy Chetty, hereinafter referred to as Munuswamy. The latter approached the authorities who arranged a trap. In pursuance of that scheme, Muniswamy paid Rs. 750 to the respondent after night-fall on September 4, 1951. The officers taking part in the trap proceedings reached the spot on getting the pre-arranged signal from Muniswamy. The Government ordered an enquiry by G.O. Ms. No. 911 (Home) dated March 8, 1952 and the Tribunal made the enquiry and submitted its report on July 17, 1952. It found two charges, viz., charges Nos. 1 and 4 established and recommended the respondent's dismissal from service. In making this recommendation the Tribunal said :

"Without even taking his misconduct under Charge IV into consideration, the only punishment that would sufficiently meet his misconduct under Charge I is his dismissal from service".

3. Charge I was that the respondent actuated by corrupt motives and in abuse of his position and authority, had on threats of prosecution for perjury, demanded an amount of Rs. 1,000 from Munuswamy on August 30, 1951 and ultimately received an amount of Rs. 750 from him in the early part of the night of September 4, 1951 at the respondent's house at Vaniyambadi. Charge IV related to 7 items and the Tribunal found that the presents, by three Sub-Inspectors, were received personally by the respondent, that the presents referred to in three other items were given but it had not been proved that the respondent had knowledge of the presents and that the seventh item was not proved.

4. The Government, by its order dated June 25, 1953 directed the compulsory retirement of the respondent from service instead of ordering his dismissal from service as recommended by the Tribunal. This order was passed after the Government had considered the findings and recommendations of the Tribunal, the representation of the respondent on the show cause notice issued to him and the fact that the Tribunal, when consulted about the contemplated alteration in the punishment, had adhered to its previous recommendation that the respondent be dismissed.

5. The respondent thereupon presented a writ petition under Article 226 to the High Court challenging the order of the Government retiring him compulsorily, on various grounds, including the competency of the Government to pass an order retiring him compulsorily, in view of the provisions of the Madras District Police Act, 1859 (Central Act XXIV of 1859), hereinafter called the Police Act, read with the Madras Police Subordinate Service (Discipline and Appeal) Rules, 1950, hereinafter referred to as the Police Rules, and the absence of any acceptable evidence to support the findings of the Tribunal accepted by the Government. The learned Single Judge who heard the writ petition, repelled both the contentions holding that the Government had jurisdiction to inflict the punishment of compulsory retirement and that the findings of the Tribunal were based on acceptable evidence of payment of the bribe to the respondent. The learned Judge could not accept the contention that there was no evidence at all on record to support the finding of fact arrived at by the Tribunal. It does not