DIRECTOR OF POSTAL SERVICES Vs. DAYA NAND

JUDGEMENT

(1.) In view of clause (2) of Article 311 of the Constitution, no person holding a civil post under the Union.

(2.) One of the exceptions to the above rule is enacted in proviso (a) to Article 311(2) which runs as follows :-

(3.) Daya Nand was charged for the offence punishable under section 52 of the Indian Post Office Act, 1898 and was convicted of the same. He was also put on Probation for one year under section 4 of the Probation of Offenders Act. He was also dismissed thereafter under proviso (a) to Article 311(2) without being given an opportunity to rebut any charges or to show cause against any proposed punishment. He filed Civil Writ 81 of 1968 to get the order of dismissal quashed by this Court. Rajinder Sachar J. allowed his writ petition on the ground that in view of section 12 of the Probation of Offenders Act, in 1958, the order of dismissal could not be passed under proviso (a) to Article 311(2). Hence the appeal by the Government. The grounds on which the orders of dismissal were challenged are two-fold, namely :-