SAILA BEHARI CHATTERJEE Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal has been remanded by the Supreme Court for hearing on the limited question whether the order of suspension passed on the appellant on 28-749 by the State Government is invalid and ultra vires and if the appellant is entitled to any relief on this count.

(2.) THE appellant was appointed as a Sub-Deputy Collector on 11-12-39 by the government of Orissa. He was promoted to the rank of a Deputy Collector on 8-246 and was posted as the Sub-Divisional Officer and Special Assistant Agent on 4-548 at Koraput. On 18-10-48 he was transferred to Sundargarh and held the post of a Sub-Divisional Officer. He was confirmed as Deputy Collector with effect from 1-1-1949.

(3.) A case under Section 406, I. P. C. was pending in his Court against one hitakrushna Sahu. It was alleged that the plaintiff officer demanded bribe from one Gopal Sahu, uncle of Hatakrushna. On 27-7-49, the Additional District magistrate, Sundargarh decided to lay a trap against the plaintiff and secured the assistance of Gopal Sahu for the purpose. Gopal was given two marked hundred-rupee currency notes to be delivered to the plaintiff. The trap was laid on the night of 27-7-49. As soon as the money was handed over by Gopal to the plaintiff, the additional District Magistrate and some police officers entered the house of the appellant and seized the two marked hundred-rupee notes along with a large sum of money found from different places in the house of the plaintiff. A sum of Rs. 1,074 was found from an open drawer in a room of the house and Rs. 6,600 in shape of currency notes were found in an almirah. Immediately thereafter the appellant was put under suspension on 28-7-49. A case under Section 161 I. P. C. (C. R. Case No. 1/268/115 of 1949) was started against the appellant and the appellant was arrested on 29-7-49. In the said C. R. Case the appellant was convicted by the trial court, but on appeal, the learned Sessions Judge by his judgment dated 24-5-50 acquitted the appellant holding that