N. SOMASUNDARAM Vs. STATE OF MADRAS

JUDGEMENT

(1.) THE petitioner applied under Art. 226 of the Constitution for the issue of a writ of certiorari, to set aside the proceedings that terminated with the order of the Inspector General of Prisons dated 30 -4 -1953. directing the removal of the petitioner from service.

(2.) THE petitioner was appointed a lower division clerk in the jail department in 1934. On 28 -4 -1947 he was appointed to the category of Reserve Deputy Jailors. That appointment was ordered by the Inspector General of Prisons. On 21 -1 -1952 charges were framed against the petitioner by the Superintendent of the jail where the petitioner was employed. The petitioner submitted his explanation. He objected to the enquiry being conducted by the Superintendent.

(3.) THE validity of the order of the Superintendent and that of the Inspector General of Prisons were attacked on two grounds: (1) the punishment of dismissal ordered by the Superintendent was in contravention of Art. 311(1) of the Constitution and was without jurisdiction.