CO129-577-9 Badan Singh- petitions that he should be considered for promotion 2-11-1939 - 9-1-1940 — Page 7

what is says is

that Atau won ui suppi ci cur ground for

faking proceedings with a view

to discrimal.

He did, so far as disminal

was concerner)

ду

the institution of criminal proceedings.

Russell deals almost entirely with (1).

Sir A.

In the present case it appears from paragraph 3 of No.1 (a) that the Attorney General

held that there was not sufficient evidence to

justify the institution of criminal proceedings, and (b) that the Governor considered that there

พน

was not sufficient evidence to justify the appointment of a Committee to enquire into the matter under Colonial Regulation 42 (now Colonial

Governor Regulation 68). The Attorney General, however,

goes on to say that the Governor at the material

time held that the petitioner's action was

reprehensible in a high degree, and that his

were intentions in the whole incident had been open

to grave suspicion; and that accordingly he

severely reprimanded the petitioner.

This seems to me to have been irregular

and not in accordance with Colonial Regulation

42. That regulation laid it down that, if the

officer failed to exculpate himself to the satisfaction of the Governor, "the Governor shall

appoint a Committee to enquire into the matter;"

and, having regard to the facts set out above, it seems clear (1) that the petitioner did not

exculpate himself to the satisfaction of the

Governor, and consequently (2) that a Committee

should have been appointed to enquire into the

I was punished matter before any punishment was awarded. without a" "trial "La Committer of the Extention Cormed, as the Younus puts it) /

In these circumstances, I do not

think that the petitioner should have been

reprimanded;

and I hope that the opportunity

will now be taken to put the matter right by