KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was a Sub -Inspector of Police in the Madras State Service.An enquiry into certain charges against him was held,and on July 9,1956,the Deputy Inspector General of Police ordered that he be compulsorily retired from service.The petitioner preferred an appeal to the Inspector General of Police,which was dismissed on October 30,1956.The Kerala State was formed on November 1,1956.The petitioner then preferred,what he states was an appeal,to the Kerala State Government,on December 6,1956;but that Government passed an order on August 17,1957,stating that they saw no reason to interfere with the order of the Inspector General of Police.This petition has been preferred under Article 226 to quash the aforesaid order of the Kerala State Government.

(2.) THE first point which arises for determination is,whether the petitioner was a civil servant or was holding a civil post in the State of Kerala.Under the Madras Police Subordinate Services Discipline and Appeal Rules,1955,when an order of compulsory retirement is passed by the Deputy Inspector General of Police,an appeal lies to the Inspector General of Police under Rule 5(a ).No further appeal lies.The position,therefore,was,that the petitioner ceased to be in Madras State service on July 9,or at least on October 30,1956.If so,even by the application of S.116 of the States Reorganisation Act,1956 it is impossible to hold,that the petitioner ever became a civil servant of the Kerala State,or held a civil post under it.The appeal preferred by him to the Kerala State Government was no appeal,as that Government had no jurisdiction to entertain an appeal;the petitioner cannot confer jurisdiction upon them,by simply preferring an appeal.The mere fact,as was urged,that the appeal petition was entertained by the State Government,in the sense,that the order dismissing it was passed only a few months afterwards,does not entitle the petitioner to contend,that Government had jurisdiction to entertain the appeal.