GURUDEVA NARAYAN SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioner Gurudeva Narayan Srivastava has moved this Court for the grant of a writ in the nature of certiorari under Article 226 of the Constitution for the purpose of quashing the proceedings drawn up against the petitioner and conducted by Mr. K.K. Banerji (as he then was) under the Public Servants (Inquiries) Act, 1850. The petitioner has also prayed for a writ in the nature of certiorari to quash the order of the Government dated 6-5-1952 suspending the petitioner from the office of Executive Engineer, Public Works Department Division, Saharsa.

(2.) The petitioner was appointed as an Assistant Engineer in the Bihar Engineering Service on 15-12-1948. In March 1949 the petitioner was posted as Assistant Engineer, Ganga Bridge Investigation Division. The petitioner was promoted to the rank of Executive Engineer in March 1950 and he was posted as Executive Engineer, Ganga Bridge Investigation Commission. He was subsequently transferred as Executive Engineer of the Public Works Department Division at Saharsa. On 6-5-1952 the Government of Bihar passed an order suspending the petitioner alleging that he had taken illegal gratification in the course of his official work. On 21-7-1952 the Government of Bihar appointed Mr. K.K. Banerji as Commissioner under Section 3 of Act 37 of 1850 to enquire into the charges made against the petitioner. Mr. K. K. Banerji gave notice to the petitioner of his appointment. On 15-8-1952 the petitioner objected that Mr. K.K. Banerji should not hold the enquiry. The ground taken by the petitioner was that Mr. K.K. Banerji was Law Secretary and Legal Remembrancer to the Government of Bihar and therefore was not competent to hold judicial inquiry into the charges levelled against the petitioner. The petitioner also pointed out that Mr. K. K. Banerji had appointed Mr. K.P. Verma Advocate, as a junior counsel to Mr. S.K. Mitra who had been nominated by the Government to conduct the prosecution. Mr. Banerji rejected the petition of objection on the ground that he had been District & Sessions Judge of Patna till 12-7-1952 on which date he took charge as Law Secretary to the Government of Bihar. Mr. Banerji also observed that he had not advised the Government on any matter regarding the case against the petitioner and had not even seen the file regarding the petitioner in his office. The appointment of Mr. K.P. Verma as a junior counsel was a formal matter and Mr. Banerji had sanctioned the engagement of Mr. K.P. Varma at the instance of the Government Advocate, Mr. S.K. Mitra, who had requested that Mr. K.P. Verma should be appointed to assist him. Mr. Banerji therefore rejected the petition of objection and continued the enquiry against the petitioner. On 9-12-1952 Mr. Banerji submitted his report to the Government stating that in his opinion the charges of corruption and illegal gratification brought against the petitioner had been established.

(3.) In support of this application Mr. Baldeva Sahai put forward the argument that Mr. K.K. Banerji had no jurisdiction to conduct the enquiry against the petitioner and the proceedings and the report made by Mr. K.K. Banerji should be quashed on this ground. The contention of the learned counsel was that Mr. Banerji was disqualified by interest and that there was real likelihood of bias on the part of Mr. Banerji. The point taken by the learned counsel was that Mr. Banerji was acting as law Secretary and Legal Remembrancer during the period he was holding the enquiry and since the Government was prosecutor there was real likelihood of bias on the part of the Commissioner. Counsel further pointed out that on 28-7-1952 Mr. Banerji had in his capacity as Law Secretary sanctioned the appointment of Mr. K.P. Verma as a junior counsel to assist the Government Advocate in conducting the enquiry against the petitioner. The contention of petitioner, therefore, is that Mr. Banerji was disqualified by interest and that he should not have conducted the enquiry against the petitioner under the Public Servants (Inquiries) Act.