N MANOHARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant in the writ appeal and the petitioner in the writ petition who is the same person was a Warder, Grade II in the Central Prison, Madras, during the period from 15-9-1971 till 10-3-1978. The State Government by G. 0. Ms. No. 1202 Public (Law and Order-A) dated 21-5-1977 appointed a commission of enquiry under Sec. 3 of the Commissions of Inquiry Act 1952 to enquire into the incidents of beating and ill-treatment that is alleged to have taken place in the Central Prison, Madras, during February 1976. The said Commission of Enquiry submitted its report to the first respondent on 26-9-1977. Paras 4.56 and 7.26 of the said report deal with the appellant's conduct as Warder and the Commission of Enquiry gives the following findings therein as regards the appellant's conduct : Consequently, J have no hesitation in coming to the conclusion that Thiru Manoharan took part in the beating of the detenus on the night of 2nd February. 1976 in the ninth block. Under these circumstances. I am definitely of the opinion that the jail officials had a regular policy. of beating every political detenue at the earliest possible opportunity on their admission and that such beating had been severe and merciless". Based on the said finding disciplinary proceedings have been initiated by the first respondent against the appellant and the second respondent has been appointed as the Enquiry Officer. The Enquiry Officer has served on the appellant a charge memo alleging that the -appellant has beaten the detenus and had followed a regular policy of beating political detenus at every available opportunity after their admission and that such beating has always been severe and ruthless causing injuries. This charge was purely based on the findings given by the Commission of Enquiry in paragraphs 4.56 and 7.26 of its report. On service of the memo of charges. the appellant filed two writ petitions, W. P. Nos. 4248 of 1979 and 4249 of 1979. W. P. No. 4248 of 1979 was admitted but the W. P. 4249 of 1979 was dismissed.

(2.) Since the issues involved in the writ appeal as well As in the writ petition are practically the same they are dealt with together.

(3.) W. A. No. 14 of 1980 is directed against the order of V. Ramaswami. J, in W. P. No. 4249 of 1979. rejecting the appellant's writ petition for the issue of a writ of certiorari to quash paragraphs. 4.56 and 7.26 of the report dated 26-9-1977 of the Commission of Enquiry appointed to enquire into the alleged incidents of harassment and ill-treatment of the detenus alleged to have taken place in the Central Prison Madras during February. 1976 to February, 1977.The said writ petition has been dismissed by the learned Judge on the ground that the report itself has no legal force proprio vigore, and therefore, it cannot be the, subject matter of quash proceedings under Article 226 of the Constitution of India and that the nature of the Commission's report being an informative one and the findings thereon not being enforceable by or against any of the parties, it cannot be quashed at the instance of the appellant. Aggrieved against the. dismissal of the writ petition the petitioner has come up in appeal.