KHEM CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by special leave raises the question of validity of r. 12 (4) of the Central Civil Services (Classification, Control and Appeal) Rules, 1957 that were framed by the President and published by a notification dated February 28, 1957. Rule 12(4) is in these words:-

(2.) The question arises in this way. On July 1, 1949, the appellant, who was a permanent Sub-Inspector of Co-operative Societies, Delhi, was suspended by the Deputy Commissioner, Delhi. On July 9, he was served with a charge-sheet under R. 6(1) of the Rules which had been framed by the Chief Commissioner, Delhi. On a consideration of the report made by the officers, who had held an enquiry into the several charges against him the Deputy Commissioner, Delhi, made an order on December 17, 1951 dismissing this appellant.

(3.) The appellant filed a suit on May 20, 1953, praying for a declaration that the order of dismissal made against him was invalid in law being in violation of Art. 311 of the Constitution of India and for a further declaration that he still continued to be in service of the Government.