STATE OF MADRAS Vs. G SUNDARAM

JUDGEMENT

(1.) 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 :

(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.