Dismissal of members of Armed Police from service for being in her connection and sympathy with a particular political party.

This appeal is directed against the order of Veeraswami, J., in Writ Petition No. 113 of 1960. The appellant, K. Dakshinamurthi, was employed as a Police Constable serving in the Special Armed Police. The departmental authorities framed the following charge against him:

"Conduct unbecoming of a Police Constable in having political leanings towards Dravida Munnetra Kazhagam Party."

The charge itself sets out the facts and the evidence thereof, as contained in a letter in Tamil, dated 3rd September, 1957 addressed to Sri Kannadasan, Editor, Thenral, Madras. The translation of the letter in English is this:

"Many regards. We are sorry to hear about the death of your mother. We regret much that she could not live longer to watch your patriotism and your popularity. We came to your office many times to express our condolences in person but could not, as you were not available. On Sunday last we came at 2-30 p.m. and again at 9 p.m. to your office but in vain. So we are expressing our condolences by means of this letter. We pray God to bless her soul.

(Signed) S.A.P. Comrades"

It was also alleged in the memorandum of charge issued to the appellant, that the State Examiner of Questioned Documents, Madras opined that there were indications that the appellant wrote the anonymous petition, that thereby he revealed his political leanings towards the Dravida Munnetra Kazhagam party and that as a Government Servant he should not have had any political leanings. The above-mentioned letter seems to have reached the hands of the C.I.D. of the Police Department. How it reached them is not before us, nor are we asked to go into it. During the enquiry held against the appellant on the above charge, he was also shown a letter, dated 2nd of November, 1957 from the Superintendant of Police, Special Branch, C.I.D., Madras to the Inspector-General of Police, Madras. It is stated in his letter:

"In the course of enquiries made to locate the writer of this communication it was ascertained that P. C. No. 1203, K. Dakshinamurthy......is a sympathiser of the Dravida Munnetra Kazhagam and that he often visits the office of the Tamil Weekly, Thenral."

The appellant’s signature was also obtained in token of his having been made aware of the contents of this letter.

The defence of the appellant was that he did not write the above letter. Even on its face, it purports to be a communication sent by a group of people, and not by any one person. It was urged that at best it was only a letter of condolence, and could not be characterised as evidence of political leanings. Consequently, the very basis of the charge was unfounded. It was contended further, that the extract of the letter of the Superintendent of Police to the Inspector-General of Police, was only an opinion of some official communicated to another official and could not form legal material tor basing a charge against the appellant. The departmental authority’s finding at the enquiry was that as a member of a disciplined force the appellant ought not to have any kind of political leanings. The opinion of the State Examiner of Questioned Documents was conclusive to establish that the author of the letter was the appellant. By his indisciplined conduct he had rendered himself unfit for retention in a disciplined force. He was thereupon dismissed from service.

Against this order of dismissal the appellant filed a Writ Petition for the issue of an order of certiorari, before this Court. The learned Judge who disposed of the Writ Petition, held:

"(1) That the finding of the departmental authorities that the appellant was the author of the letter was based on some material, but it would not be for this Court in writ proceedings, to go behind that conclusion reached on the facts ; and

(2) It may be that two opinions may be possible on the effect of the letter in respect of the alleged political leanings, but where one opinion has been expressed by a competent authority based on the letter, that will no