(1.) This petition is filed for the issue of a writ of certiorari for quashing the order of the Superintendent of Police, Salem in D.O. No. 1731 of 1964, dated 23rd September, 1964.
(2.) The petitioner joined the Police Service of the Madras State in 1941 as Sub -Inspector of Police. While he was serving in the Salem District, he was placed under suspension on 27th October, 1952, pending enquiry into certain charges against him. The enquiry into the charges began on 19th December, 1952, and ended on 7th January, 1953. The petitioner was dismissed from service by an order dated 4th December, 1953, to take effect retrospectively from the date of suspension, 27th October, 1952.
(3.) The petitioner filed Writ Petition No. 1516 of 1956 in this Court for quashing the order of dismissal passed against him. This Court by an order dated 11th November, 1958, issued the writ prayed for and quashed the order of dismissal. The State of Madras preferred Writ Appeal No. 78 of 1959 against the judgment in Writ Petition No. 1516 of 1956. The appeal was decided by a Full Bench of this Court on 30th April, 1964. The Full Bench dismissed the Writ Appeal holding that the rules of natural justice were violated. On 26th September, 1963, the State Government passed G.O. Ms. No. 3075 dated 26th September, 1963, amending the Madras Police Subordinate Services Discipline and Appeal Rules, 1955. According to the rule, when a penalty of dismissal imposed upon a member of a service is set aside by a decision of the Court and the disciplinary authority decides to hold a further enquiry against him, the member of the service shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal and shall continue to remain under suspension until further orders. In pursuance of this amendment the Superintendent of Police, Salem, by his order dated 23rd September, 1964, reinstated the petitioner in service and placed him under suspension pending disposal of the charges against him. The order also stated that the petitioner would be deemed to have been under suspension with effect from 27th October, 1952, the date on which he was originally kept under suspension. As a result of the amendment and the order passed on the petitioner, though the petitioner was dismissed on 4th December, 1953, with effect from the date of suspension 27th October, 1952, the order of suspension was deemed to take effect from 27th October, 1952, and continue until further orders, The effect of this order is that, though the order of dismissal dated 4th December. 1953, passed with retrospective effect from 27th October, 1952, was set aside in Writ Petition No. 1516 of 1956 on 11th November, 1958, and in Writ Appeal No. 78 of 1959, the petitioner is deemed to be under suspension from 27th October, 1952. The petitioner, who would have been entitled to his pay from the date of dismissal on 4th December, 1953, up -to -date has been deprived by the amendment to the rules and the order of the Superintendent of Police.