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1953 Supreme(Mad) 312

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice Govinda Menon, J.
Y. Venkateswarlu
Versus
The State of Madras represented by the Secretary, Home Department, Fort St. George, Madras
Writ Petition No. 212 of 1953.
Decided On : 30 September 1953

Advocates:
D. Narasaraju and K.B. Krishnamurthi, for Petitioner.
The Government Pleader (P. Satyanarayana Raju) for the State.

Suspension if equivalent to reduction in rank.

Headnote:Constitution of India- Article 311 - Reduced in rank - Suspension if equivalent to reduction in rank.

       

Order.-

The petitioner was recruited into the Madras Subordinate Police Service as Sub-Inspector of Police on 13th October, 1942, and had been functioning as such from that date. From 10th May, 1951, he had been in charge of the Rasoolpet Police station, Guntur District, when, on the 13th March, 1952, the Deputy Superintendent of Police, Guntur, served on him an order at 6-45 p.m., that under the orders of the District Superintendent of Police, Guntur, he was relieving the petitioner of the charge from the station forthwith, with the result that the petitioner was directed to hand over charge at once to another Sub-Inspector. Two days later, this was followed up by an order from the District Superintendent of Police containing the statement that there was evidence that the petitioner as Sub-Inspector of Rasoolpet station has been receiving illegal gratification from the public and that there was definite information that he has received illegal gratification from four persons of Guntur town. It was further stated that the petitioner had sent a letter to the Deputy Inspector-General of Police, Northern Range, Masulipatam, on an inland postal cover with something written in Tamil of which the English handwriting forming the address of the Deputy Inspector-General of Police, Northern Range, has been certified to be that of the petitioner by officers who knew his handwriting in the usual course of business. For confirming this fact the letter had been forwarded to the handwriting expert, Madras, and further enquiries had to be made about it. Therefore, pending enquiry into these allegations, the petitioner was placed under suspension and was told that he will draw eligible subsistence allowance and dearness allowance during suspension period. On 19th March, 1952, the petitioner sent a memorial to the Inspector-General of Police, wherein he stated that the suspension was illegal and was the result of misunderstanding and enmity and there was a request that the Inspector-General should take the necessary action and do the needful justice by issuing express orders. On 7th April, 1952, he made another representation to the Deputy Inspector-General of Police and the Special Officer, Northern Range, Masulipatam, praying that the superior officer, the Inspector, should be transferred forthwith outside the district in the interests of justice and equity; otherwise there would be no scope for him to vindicate his innocence and get justice done. In both these petitions he had made allegations against the Inspector Ramaswami. On 19th April, 1952, the petitioner received an endorsement on his petition to the Deputy Inspector-General of Police dated 7th April, 1952, stating that the enquiry against him was then in the hands of the X-Branch, C.I.D., and till that was over his request could not be granted. On 27th April, 1952, the petitioner sent another memorial to the District Superintendent of Police contending that the order of suspension was ultra vires and mala fide for various reasons. It was further stated there that the investigation by the branch would reveal that he was innocent and free from blame. On 1st May, 1952, there was an endorsement on this application by the District Superintendent of Police, Guntur, to the effect that there was no reason to revoke or change the order placing the petitioner under suspension as the enquiry against him had been taken up by the C.I.D. and until a definite conclusion was arrived at by the C.I.D. Officer, matters would have to stand as they were then. Since there was no reply to the memorial dated 7th April, 1952, sent by the petitioner to the Inspector-General of Police, he sent another on 9th May, 1952, and followed it up by another dated 22nd May, 1952. To these he got a reply dated 9th July, 1952, from the Inspector-General of Police stating that his request could not be granted. In the meanwhile he is alleged to have sent another petition to the Chief Minister of Madras also. It is alleged by




























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