K KANDASWAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the order dated November 19, 1990 made in O.A. No. 641/88 by the Central Administrative Tribunal, Madras Bench. Undisputed facts are that the appellant is an I.P.S. direct recruit cadre officer (1966) in the Tamil Nadu Police Service. At the relevant time he was Addl. Inspector General of Police. On the basis of recommendation by the Review Committee on June 12, 1986 for considering his case for promotion, the Government of India had called for a special report and the State Government had submitted its report on June 12, 1987. Therein it was stated that since his posting as Deputy Inspector General of Police, Coimbatore, there were persistent reports of his acquiring large assets and of his getting money from his subordinates. While no specific evidence of receiving money from his subordinate was forthcoming, he himself had come up with a request for permission to acquire a coffee estate in the name of his wife for Rs. 25 lakhs on the basis that he would pay Rs.5 lakhs by mortgaging his house and rest of the amount by bank loans. Formal enquiries indicated that the estate would be worth about at least Rs.60 lakhs. As the transaction appeared to be highly suspicious, confidential preliminary enquiries were made by the Directorate of Vigilance and Anti-Corruption into the source for this large amount. It was stated that in the C.Rs. of the period from April 1, 1985 to September 30, 1985 it has been recorded that his work as Managing Director, Tamil Nadu Police Housing Corporation, Madras, was not satisfactory. It has also been recorded that his integrity during this period could not be certified, as he came out with a proposal about purchase of an estate by his wife and son valued at a few lakhs. An officer with not much of patrimony to boast about, the transaction is full of suspicion. Government have been requested to have further verified through the Vigilance Agency. It was also noted that pending further the reports, the entries on verification of the integrity was awaited.

(3.) On consideration of the above reports, the Government of India in its proceedings dated August 20, 1987 recorded thus: