T A MENON Vs. KING (LORD REID)

JUDGEMENT

(1.) In 1934 the appellant was appointed to the Indian Civil Service. During 1943 he was employed as Additional District Magistrate at Midnapore and while so employed he was concerned in the investigation of a charge of bribery against Dr. Panda a sub-assistant surgeon of the Bengal Nagpur Railway. While the case against Dr. Panda was still under investigation the appellant was transferred from Midnapcre and he went to Calcutta where he stayed for a time. It was alleged that on 20 December 1943, while in Calcutta he received a bribe from Dr. Panda and he was suspended. On 6 July 1945, the following Order was made by the Governor of Bengal: "In exercise of the powers conferred by sub-s. (1) (b) and sub-s. (2) of S. 197, Criminal P. C. (Act V

(5.) of 1898) the Governor is pleased to accord sanction to the prosecution of Mr. T. A. Menon of the Indian Civil Service under suspension in respect of (a) an offence under S. 161, Indian Penal Code. (b) an offence under S. 165, Indian Penal Code. (c) an offence under S. 420, Indian Penal Code. (d) an offence under S. 120B, Indian Penal Code read with S. 161, Indian Penal Code. (e) an offence under S. 120B, penal Code read with S. 165, Indian Penal Code. (f) an offence under S. 120B, Indian Penal Code read with S. 420, Indian Penal Code. (g) Any other offence or offences as may be found to have been committed by him. and to direct that the trial of the case should be held in the Court of the Chief Presidency Magistrate Calcutta."

(2.) Immediately thereafter proceedings were instituted against the appellant in the Court of the Chief Presidency Magistrate who took cognizance of the case. The appellant objected to the jurisdiction of this Court but before anything further was done an order was made by the Legislative Department of the Government of India as follows : "In exercise of the powers conferred by sub-s. (1) of S. 5, Criminal Law Amendment Ordinance of 1943 (XXIX