B R VENKAPPAYYA Vs. STATE OF MYSORE

JUDGEMENT

(1.) Although several events are narrated and several orders are sought to be quashed in this Writ Petition, there is only one matter which deserves examination under Art.226 of the Constitution. We shall first briefly narrate the relevant facts and then proceed to discuss the said matter.

(2.) In 1954. the petitioner was posted as Railway Security Sub Inspector. When he was working as such, he was allotted rent-free quarters situated near the Bangalore Cantonment Railway Station. In 1962, he was transferred to work in what is called the State Special Branch (CID.). On 12th February 1962 he applied for permssion to continue to occupv the same quarters, because even in the Special Branch he would have to work in Bangalore City itself. That application was rejected by the Deputy Inspector General of Police, Railway, by an order dt.28th April 1962. On 28th May 1962. the petitioner filed an appeal against the said rejection. The Deputy Inspector General of Police, to whom it was addressed, sent it up to the Inspector-General of Police who dismissed the same on 13th August 1962 and directed the petitioner to vacate the premises by 1st September 1962. This was followed bv an order by the Deputy Inspector-General of Police dated 21st February 1963 asking him to vacate the premises by 28th February 1963 on pain of being placed under, suspension and disciplinary action being taken against him. He once again appealed to the Inspector-General of Police on 27th February 1963 together with an application to stay the order of the Deputy Inspector-General of Police. On 22nd March 1963, the Inspector-General of Police dismissed his appeal and stated that if he does not vacate the premises within seven days he would be placed under suspension and a disciplinary enquiry held against him. The petitioner made a representation and sought an interview with the Inspector-General of Police. The interview was granted on 18th April 1963. The petitioner states that as advised by the Inspector-General of Police, he ultimately vacated the premises on 28th April 1963.

(3.) In the meanwhile, on 1st April 1963 the petitioner was placed under suspension and a departmental enquiry held against him for disobedience of the orders calling upon him to vacate the premises. The enquiry resulted in the petitioner being found guilty of the said misconduct and the imposition of punishment of reduction in his pay bv two stages. On appeal to the Government, the punishment was modified into the reduction by two stages being limited to one year and without cumulative effect.