S A VENKATARAMAN versus THE UNION OF INDIA AND ANOTHER

Citation: [1954] 1 S.C.R. 1150 · Decided: 30-03-1954 · Supreme Court of India · Bench: BIJAN KUMAR MUKHERJEA · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

1954 
Mar,;h 30. 
1150 
SUPREME COURT REPORTS 
S.A. VENKATARAMAN 
v. 
THE UNION OF INDIA AND ANOTHER. 
[MuKHERJEA, S. R. DAs, BHAGWATI, 
[1954] 
JAGANNADHA DAS and VENKATARAMA AYYAR JJ.] 
Constitution of India, art. 20(2)-Enquiry made under Public 
Servants 
(Inquiries) 
Act, 1850-Whether amounts to prosecution 
and punishment within the meaning of art. 20(2). 
Held, that an enquiry made and concluded under the Public 
Servants (Inquiries) Act, 1850 (Act XXXVII of 1850), 
does 
not 
amount to prosecution and punishment for an offence 
as contem-
plated by art. 20(2) of the Constitution. 
Maqbool Hussain v. The State of Bombay ([1953] S.C.R. 703); 
Willis on Constitutional 
Law, p. 528; and 
Shenton v. 
Smith 
([1895] A.C. 229); Venkata Rao v. The Secretary of State for 
India (64 I.A. 55); 
Government of India Act, 1935, s. 240 (3); 
referred to. 
CRIMINAL 
No. 72 of 1954. 
ORIGINAL 
JURISDICTION : 
Petition 
Petition under article 32 of the 
Constitution 
for 
the enforcement of fundamental rights. 
A. K. Basu, K. S. 
Jayaram and C. R. Pattabhi-
raman (R. Ganapathy and C. V. L. Narayan, with them) 
for the petitioner. 
M. C. Setalvad, 
Attorney-General 
for 
India 
and 
C. K. Daphtary, Solicitor-General for 
India 
(Porus 
A. Mehta 
and P. 
G. 
Gokhale, 
with 
them) 
for 
respondent No. 1. 
1954. March 30. 
The Judgment of the Court was 
delivered by 
MuKHERJEA J.-This is a petition under 
article 32 
of the 
Constitution, praying for a writ, in the nature 
of certiorari, 
for calling 
up the records 
of 
certain 
criminal proceedings started 
against 
the petitioner by 
the 
Special 
Judge, 
Sessions 
Court, 
Delhi, 
and for 
quashing the same on the ground that these proceed-
ings are without jurisdiction, having been commenced 
S.C.R. 
SUPREME COURT REPORTS 
1151 
in violation 
of the 
fundamental 
right 
of the peti-
tioner 
guaranteed 
under article 20(2) 
of the Consti-
tution. 
The petitioner was a member of the Indian Civil 
Service and till lately was employed as Secretary 
to 
the 
Ministry of 
Commerce 
and 
Industries 
in 
the 
Government of 
India. 
Certain 
imputations 
of 
mis-
behaviour by the petitioner, while holding offices 
of 
various descriptions under the 
Government of 
India, 
<:ame to the notice of the 
Central Government ar:d 
the 
latter being satisfied that there were prima facie 
good 
grounds for making an enquiry directed a formal and 
public enquiry to be made as to the truth or falsity of 
the allegations made against the petitioner, 
in accord-
ance 
with 
the 
provisions 
of the 
Public 
Servants 
(Inquiries) Act of 1850. 
The substance of the imputa-
tions was drawn up in the form of specific charges and 
Sir Arthur Trevor 
Harries, an ex-Chief Justice of the 
Calcutta High 
Court, 
was appointed 
Commissioner 
under section 3 of the said 
Act to conduct the enquiry 
and report to the Government, 
on the 
result 
of the 
same, his opinion on the 
several 
articles 
of 
charge 
formulated against the petitioner. 
The 
order 
of the 
Central Government directing the enquiry is dated the 
21st February, 1953. 
The charges 
were drawn up 
under six heads with 
various sub-heads 
under 
each 
one of them. 
The first charge alleged that 
the 
peti-
tioner was 
guilty of misbehaviour 
inasmuch 
as 
he 
showed undue favour to 
Messrs. 
Millars Timber and 
Trading Company Limited in the matter of issue of 
import and export licences, by abusing 
his position 
as 
a public servant in the discharge of his duties, 
that 
1s, 
by accepting illegal gratification or valuable things for 
import and export licences 
recommended 
or 
to 
be 
recommended by him. 
The second charge was to the 
effect that the petitioner accepted or obtained valuable 
things for himself and other members 
of his 
family, 
without paying 
for 
them, 
on different 
dates 
from 
Messrs. Millars Timber and Trading Company Limited 
for recommending their applications for import licences 
and export permits. 
The fourth 
and the fifth charges 
1954 
S. A. V ""'ata-
raman 
v. 
Th. Union of 
India 
and Another. 
Mukhtrjea J. 
1954 
S. A. V enkata· 
ram an 
v. 
The Union of 
India 
and Another. 
Mukhe>jeaJ. 
1152 
SUPREME COURT REPORTS 
[1954} 
were similar in nature to charges 1 and 
they related to the petitioner's dealings 
firm known as Sunder Das Saw Mills. 
2 except 
that 
with 
another 
The enquiry proceeded in the manner laid down in 
the Public Servants (Inquiries) Act. 
The charges 
were 
read out to the petitioner 

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