K R CHARI Vs. SECUNDERABAD CANTONMENT BOARD

JUDGEMENT

(1.) This is a petition under Article 220 of the Constitution of India for the isuse of a writ of prohibition restraining the Respondent Secunderabad Cantonment Board from enquiring into the charges framed against the petitioner.

(2.) The petitioner is a Sanitary Inspector in the service of the Secunderabad Cantonment Board. One Sri Abdul Rahman, Sanitary Overseer working under the petitioner lodged a complaint with the Assistant Health Officer in the service of the Respondent Board that the petitioner had abused and assaulted him. Thereupon, the Assistant Health Officer, one Major Lopez, conducted a preliminary enquiry and, it is stated in the counter affidavit that Major Lopez called for a written explanation, from the petitioner and intimated to him that he would make an enquiry on 28-7-59. On 28-7-59 Major Lopez questioned the parties and some witnesses. The petitioner filed his explanation before Major Lopez on 29-7-59. Eventually, Major Lopez forwarded the complaint of Sri Abdul Rahman to the Executive Officer, Secunderabad Cantonment Board on 3-8-59. The Executive Officer in his turn put up the matter before the Cantonment Board with his note dated 4-8-59.

(3.) The Cantonment Board which meets once a month met on 2-9-59 and constituted an enquiry Committee consisting of Messrs. Jagannadham, Kista Reddy, B. Devarajan, H. S. Gundappa, the Garrison Engineer and the Squadron leader T. W. Mullendeux to investigate into the complaint made by Abdul Rahman and submit a report to the Board. On the same day the petitioner was placed under suspension under the Orders of the Executive Officer of the Respondent Board. The Enquiry Committee met on 14-9-59 and framed certain charges under Rule 12 of the Cantonment Fund Servants Rules, 1937 and caused a memo of the charges to be duly served on the petitioner. The following are the charges : "You, Sri K. R. Chari, Sanitary Inspector, Cantonment Board, Secundcrabad, are charged with the following offences viz : (i) Behaving in a manner unbecoming to an official of the Cantonment Board towards your subordinate Staff. (ii) Committing assault upon the person of a subordinate. The above charges are based on the following allegations. Charge : (i) and (ii). In that it is alleged by Sri Abdul Rahman, Sanitary Overseer, Cantonment Board, Secunderabad, that on the 18/07/1959 at about 12-30 in the premises of the Bainmrai office you did abuse and use vulgar language towards, and strike Sri Abdul Rahman Sanitary Overseer on the right hand with, a ruler and slapped him on the right cheek. You are required to submit a written statement in defence of the above charges to reach the undersigned by 12 noon on the 23/09/1959. The undermentioned witnesses and documents will be examined by the Inquiry Committee in connection with the above mentioned charges. Charge (i) & (ii) : Witnesses Sri Abdul Rahman S. O. Fazulla Hussaln " " Azeez Baig " " Mohd. Zafar " " Sathyanarayana T. M. " Sundarshan Rao A.M. Hyd., Mazddor S. Supr : " Ghouse Khan Any other witness whom the Enquiry Committee may find necessary to call before them to give evidence. Documents : (1) Written copy of the allegations made by Sri Abdul Rahman. (2) Office Order Book. (3) Service Record Book. (4) Any other documents which the enquiry Committee may find necessary to be placed before them in evidence."With reference to these charges, the petitioner submitted an explanation on 23-9-59 denying the allegations made against him. It is not necessary for me to go into the particulars of cither the charges or the denials, as such an enquiry would certainly be not germane to the scope of the present petition.