D S GAREWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal by special leave raises the question of the constitutionality of the All India Services Act (LXI of 1951) (hereinafter called the Act). The appellant was appointed to the Indian Police Service on October 1, 1949, and posted to the State of Punjab. He held charge as Superintendent of Police in various districts but was reverted as Assistant Superintendent of Police in August 1957, and was eventually posted to Dharamsala in 1958. In the same month he was informed that it was proposed to take action against him under R. 5, All-India Services (Discipline and Appeal) Rules, 1955, (hereinafter called the Rules), framed under S. 3 of the Act. He was thereafter placed under suspension under R. 7 of the Rules pending disciplinary proceedings against him, and Shri K. L. Bhudiraja I. A. S. was appointed enquiry officer to hold the departmental enquiry against him. Notice was issued to him by the Enquiry Officer in July 1958. He thereupon immediately made an application under Art. 226 of the Constitution before the Punjab High Court challenging the constitutionality of the Act and the legality of the enquiry against him. The application was dismissed on July 30, 1958, and his application for a certificate to appeal to this Court was dismissed next day. Thereupon he came to this Court and was granted special leave.

(2.) Shri Chatterjee appearing for the appellant has raised the following six points in support of the appeal:-

(3.) Re. 1, 2 and 3:These three points may conveniently be taken together. Article 392 provides that