DIVAKARAN Vs. CIRCLE INSPECTOR OF POLICE MUNNAR

JUDGEMENT

(1.) In this writ petition, Mr. Easwara Iyer, learned counsel for the petitioner, seeks to quash two orders, namely, the enquiry report, Ext. P. 5 dated 28-2-1960, made by the Circle Inspector of Police, the first respondent, holding the petitioner guilty of the several charges for which he was tried, as well as Ext. P. 8 dated 4-3-1961, being the order of the Inspector General of Police of the Kerala State, the second respondent herein, directing the removal from service of the petitioner, who was at the material time, a Head Constable in the Police force of the State.

(2.) The facts leading up to the filing of this writ petition may be stated. The petitioner, at the material time, was serving as a Head Constable in Santhanpara Outpost, attached to the Udumbanchola Police station. There appears to have been a complaint made as against him by one Seeni Ammal on 1-9-1959. The allegations, no doubt, if true, were of a fairly serious nature, in that the petitioner in a drunken state, along with one or two others, entered the house of the said lady and caused annoyance to the lady and others and also demanded illegal gratification of Rs. 100/- for not effecting their arrest in view of certain complaints which the petitioner professed to be investigating as against the said lady and of also having extorted Rs. 50/- on the basis of this complaint; a preliminary investigation was conducted by the Circle Inspector of Police and on the said officer being satisfied that there is a prima facie case for starting disciplinary proceedings as against the petitioner reported to that effect. The petitioner was served with a charge sheet, Ext. P. 1, dated 30-10-1959. The charge sheet itself appears to have been served on the petitioner only on 26-11-1959. The three charges levelled against the petitioner are as follows :

(3.) A brief statement of facts is given in the charge sheet, Ext. P. 1. It is stated therein that the petitioner, while working as the In-charge of Santhanpara Out Post attached to F2 Station on 30-8-1959 left the station jurisdiction without sanction and went over to Eruthala, within the limits of another Police Station. It is further stated that under the pretext of making an enquiry into a petition he entered the house of Seem Ammal at about 8 P. M. on 30-8-1959 after getting drunk, and behaved in reprehensible manner towards the lady and other inmates of the house. It is also mentioned that the petitioner demanded a sum of Rs. 100/- as illegal gratification for not effecting the arrest of the lady and ultimately managed to extort a sum of Rs. 50/- from her. There is also an averment that the petitioner assaulted the lady by dragging her to the courtyard of the house and compelled her to pay illegal demand made by him.