P SIRAJUDDIN Vs. STATE OF MADRAS

JUDGEMENT

(1.) These six appeals arise out of certificates granted by the High Court of Madras arising out of two Writ Petitions and a petition under Ss. 435 and 439 of the Code of Criminal Procedure filed in that court by P. Sirajuddin, the appellant in the first set of appeals. It is not necessary to give an outline of these petitions as the salient features thereof appear sufficiently from the judgment of the High Court and the substance thereof is dealt with hereafter.

(2.) The facts are as follows. The appellant was the Chief Engineer. Highways and Rural Works, Madras having risen from the status of a District Board Engineer in which capacity he joined service in the year l935. He attained the age of 55 years on March 14, 1964 on which date he was asked to hand over charge of his office to one Shiv Sankar Mudaliar, Superintending Engineer, Madras. He expected to be retained in service up to the eve of 58 a privilege said to be normally accorded to person physically and otherwise fit for public service. It appears that on March 1, 1964 a copy of a petition concerning him and dated February 28, 1964 addressed to the Minister Public Works by one Rangaswami Nadar was received by the Chief Minister of the State. It is said that apart therefrom allegations about want of rectitude of the appellant had already reached the Government. The Chief Minister asked the Director of Vigilance and Anti-Corruption to make confidential enquiries. On March l0, 1964 Government received a note from the said officer which cast serious aspersions on the appellant's reputation and mentioned quite a few instances of his lack of probity. The endorsement of the Chief Minister on the note read:

(3.) No less than 19 malpractices were alleged against him in different paragraphs of the charge sheet and the appellant was charged with having obtained for himself or for members; of his family various valuable things from his subordinates by corrupt and illegal means and by abusing his posision as a public servant. The charges were for offences already mentioned.