9911796707
TMI Blog1969 (10) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... uspension was made under sub-rule (1) of Rule 7 of the All-India Service (Appeal and Discipline) Rules, 1955, and is, therefore, liable to be quashed. The appellant was appointed to the Indian Police Service in the year 1935. He was posted as Inspector General of Police of the State of Andhra Pradesh, on 1 November, 1956. He was confirmed as Inspector General of Police, Andhra Pradesh in the year 1957. On 14 May, 1966, he reached the age of 55 years. He, however, continued to work as Inspector General of Police, Andhra Pradesh up to 1 August, 1967. He was then posted as Special Inspector General of Police for the revision of Police Standing Orders. Some time in the year 1967 the Chief Minister of Andhra Pradesh ordered that the Chief ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent was satisfied that there should be an order and in the present case the order did not satisfy the provisions of the rule, and therefore, the order is bad. The pre-eminent question in this appeal is whether the order of suspension is in infraction of Rule 7. Rule 7 is as follows (1) If having regard to the nature of the charges and the circumstances in any case the Government which initiates any disciplinary proceeding is satisfied that it is necessary or desirable to place under suspension the member of the Service against whom such proceedings are started that Government may- (a) if the member of the Service is serving under it pass an order placing him under suspension, or (b) if the member of the Service is serving a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of India after considering the available material and having regard to the nature of the allegations against the appellant, the circumstances of the case is satisfied that it is necessary and desirable to place the appellant under suspension. At the hearing of the appeal Mr. Solicitor General produced the correct copy of the First Information Report dated 17 August, 1967 under section 154 of the Code of Criminal Procedure. It will appear from the report that the appellant was charged with offences under the Prevention of Corruption Act, 1947 and the time of occurrence was the period 1960 to 1967. Sub-rule (3) of Rule 7 states that a member of the Service in respect of, or against whom, an investigation, inquiry or trial relating to a cri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be proved on the affidavit evidence of, rival parties. Allegations may be true to knowledge or allegations may be true to information received from persons or allegations may be based on records. The importance of verification is to test the genuineness and authenticity of allegations and also to make the deponent responsible for allegations. In essence verification is required to enable the Court to find out as to whether it will be safe to act on such affidavit evidence. In the present case, the affidavits of all the parties suffer from the mischief of lack of proper verification with the result that the affidavits should not be admissible in evidence. The affidavit evidence assumes importance in the present case because of allegatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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