D D SURI Vs. A K BARREN

JUDGEMENT

(1.) This Is an appeal by special leave from an order of the Orissa High Court dismissing the writ petition filed by the appellant under Article 226 of the Constitution In limine.

(2.) According to the appellant he joined the Indian Administrative Service on August 7, 1950. He was assigned to the Orissa State In 1952 while he was serving as an Additional District Magistrate, Cuttack, he had to issue search warrants against some of the top leaders including Biju Patnaik and Hare Krishna Mehtab on an application filed before him by the Special Police Establishment, Delhi The orders issued by him were challenged in the High Court but were upheld This says the appellant, was the beginning of hostility towards him among those who wielded power in Orissa State. In 1952 he was transferred on deputation to the Government of India and was posted at Delhi. In 1955, the appellant was confirmed in the Indian Administrative Service senior scale and continued to serve on deputation with the Central Government. In 1961 the question of sending the appellant back to Orissa arose because he had already put in 9 years' service on deputation. As the appellant was apprehensive of the danger involved in his going back to Orissa because of hostility of the State Government and the statements made by some politicians as also by the then Chief Secretary he made a representation to the then Home Minister Shri Lal Bahadur Sastri bringing to his notice various facts and circumstances which showed that he was likely to be in serious trouble if he went to Orissa He was granted a personal interview by the Home Minister and the orders for his reversion to Orissa were cancelled. He was appointed Salt Commissioner of India with headquarters at Jaipur and was concurrently posted as Managing Director Hindustan Salts Ltd. In 1961 owing to certain allegations made by some unknown persons the Special Police Establishment Delhi started an investigation against the appellant. In August 1964 a charge sheet was served upon him in which it was stated that he was in possession of assets which were disproportionate to his known sources of income. The appellant gave the necessary explanation. After an inquiry had been held by Shri P. M. Naik I. C S. the appellant was exonerated of all charges on February 19, 1965 by the Central Government on the report made by Shri Naik. The appellant was sent back to Orissa in April 1965 and on December 19, 1966 he was appointed Commissioner Land Reforms.

(3.) Learned counsel for the appellant has placed before us a chronology of events subsequent to December l966. Inter alia, it has been stated that in April 1967 the appellant wrote to the State Government complaining about interference in his work by Ramanathan, Member of the Board of Revenue Orissa. In the middle of 1967 the appellant was asked to make a report on the Transport Department. In his report he brought out certain matters against Ramanathan In August 1967 the Chief Secretary put up a notice to the Chief Minister to constitute a committee to review the work of the appellant. One of the members of that Committee was Ramanathan. In September 1967 the appellant made two representations against the personnel of the committee, in particular, with regard to the appointment of Ramanathan as a member of that Committee.