P R NAYAK Vs. UNION OF INDIA

JUDGEMENT

(1.) On 24-3-1971 the petitioner Mr: P. R..Nayak, an Indian Civil Service, officer, filed a petition under Article 226 of the Constitution and obtained a rule nisi from this Court. On 30-3-1971 he filed an amended petition. The present proceedings arc. based on the amended petition.

(2.) The challenge in the petition is to an order dated 23rd March, 1971 whereby the petitioner was suspended by the President of India from service with immediate effect. The petitioner prays that the said order being un-constitutional and invalid should be quashed. He also seeks a declaration that since he retired from service on 25th March 1971 he is immune thereafter against any action by the Government. A declaration to the effect that the Fundamental Rule 56(ff) is void and ultra vires of the Constitution is also sought by the petitioner. The petitioner avers that after appearing in the competitive examination for the Indian Civil Service held in London and undergoing a period of probation for one year, the petitioner was admitted to the said Service and executed a covenant with the then Secretary of State for India. The service conditions and benefits to which the petitioner was entitled under the said covenant and other rules were protected after the coming into force of the Constitution under Article 314 thereof.

(3.) The petitioner arrived in India on 25th November 1935 and would have retired under Rule 56(f) of the Fundamental Rules after 35 years service continued from the date of his arrival in India. According to the petitioner, the date of compulsory retirement in his case was 24th November 1970 but he did not retire on that date and agreed to accept extension of service by about four months upto 25th March 1971 and would have retired from service on that date.