UNION OF INDIA Vs. INDER SAIN BAKSHI

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent by the Union of India is directed against the judgment of learned Single Judge whereby he accepted Regular Second Appeal of Inder Sain Bakshi respondent and awarded a declaratory decree in his favour.

(2.) The respondent was a Civilian employee of the Defence Department of the Government of India. He was appointed in 1924 in the Military Farms Department, subsequently called the Remount Veterinary and Farms Corps of the Defence Services. The respondent was promoted to the rank of temporary Manager in 1944 and he held that post till 1951. In June, 1950 the Deputy Assistant Director of Remount Veterinary Farms paid a surprise check-up visit to the Farm at how where the respondent was working as a Manager and inspected the stores. On the basis of the check-up the respondent was suspended on June 26. 1950 and was transferred to Namkum in Bihar. A charge-sheet dated July 14, 1950 was served upon the respondent and he was directed to submit his explanation. An inquiry was thereafter conducted into the charges and on April 2. 1951 the respondent was down-graded and appointed as Assistant Supervisor. Appeal filed by the respondent against the order of his down-grading was dismissed on December 20. 1951. According to the respondent, the order for his down-grading was illegal and contrary to principles of natural justice, and also contravened Article 311 of the Constitution.

(3.) An order was received by the respondent on December 14, 1951 from the Assistant Director, Remount Veterinary & Farms Headquarters, Western Command, asking him to report to the Officer Commanding, Military Hospital, as he was to be placed before a Medical Board for examination. The respondent was thereafter examined by a Medical Board on December 24. 1951 at Dehra Dun. The respondent thereupon sent applications for leave on the ground of illness. A letter dated February 9/11, 1952 was then received by the respondent intimating that he had been invalidated by the Medical Board held at Dehra Dun on December 24. 1951, and. therefore, the question of granting him leave did not arise. The respondent made representation against the termination of his service based upon the report of the Medical Board but to no avail. The respondent thereafter filed suit on October 23. 1954 for a declaration that his services were wrongfully terminated and he was wrongfully down-graded. The respondent claimed that he continued to be in a service as Manager of Military Farms. The order made against him was stated to be violative of Article 311 of the Constitution.