LEKH RAJ KHURANA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal by certificate from a judgment and decree of the Punjab High Court (Circuit Bench, Delhi) by which the suit filed by the appellant for a declaration that the order dated May 26, 1951 directing his removal from service was wrongful, illegal and void and that he still continued to be in the service of the respondent as Supervisor, Army Ordnance Corps.

(2.) According to the allegations in the plaint the appellant was appointed by the Governor-General in July 1942 as Supervisor, Army Ordnance Corps which according to him, was a civil post under the Crown in India. In the months of September and October, 1950 the appellant was served with charge-sheets by the Ordnance Officer, Administration, Shakurbasti, Delhi State, where he was posted at that time calling upon him to submit his defence to the charges of making serious false allegations against his superior officer Maj. H.S. Dhillon. The appellant asked for grant of time for submitting his defence and he also demanded copies of certain documents etc., to prove his case. On May 26, 1951 while this inquiry was pending he was served with an order by the Ordnance Officer, Administration, Shakurbasti, Delhi which was as follows:

(3.) The sole material issue which was framed was whether the order dated May 26, 1951 removing the appellant from service was illegal, wrong, void, ultra, vires and inoperative. The trial judge held that Art. 311 of the Constitution was applicable to the case of the appellant and that his removal had not been ordered by the appointing authority. The suit was decreed. The respondent preferred an appeal which was decided by the Additional District Judge, Delhi. It was held by him that Art. 311 was not applicable to the appellant as he held a post connected with defence. According to learned judge the appellant's services were terminated under Rule 5 of the Civilians in Defence Service (Temporary Service) , Rules 1949, hereinafter called the 'Rules'. It was found that the order terminating the services had been passed by the proper authority. The appeal was allowed and the suit was dismissed. The appellant appealed to the High Court which was dismissed. His appeal was heard along with certain other appeals in which similar points were involved. It was found that the salary of the appellant was paid out of the estimates of the Ministrs of Defence and he was intimately connected with the defence of the country not as a combatant but as a person holding a post the object of which was exclusively to serve the Military Department. In the opinion of the High Court Articles 309 and 310 were applicable to the case of the appellant but Article 311 was inapplicable. On the question of whether the services of the appellant were terminated without complying with the rules the High Court expressed the view that the breach of such rules did not give the aggrieved party a right to go to the court. Reliance in that connection was placed on the decision of the Privy Council in R. Venkatarao v. Secretary of State, AIR 1937 PC 31 and certain other cases in which that decision was followed. In the case of the appellant the only other point which appears to have been argued on his behalf and which was decided by the High Court related to the allegation of mala fides. The decision went against him on that point.