SARDAR BAHADUR Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution. The facts which are almost undisputed are that in the year 1956 the petitioner was employed as a Section Officer in the Ministry of Commerce and Industry in the Steel and Cement Section 'B Shri P. S. Sundaram was the Deputy Secretary in that Ministry at that time. Sometimes in the early part of the year 1956 applications were invited for grant of licences to set up Steel Re-rolling Mills. These applications were received by what is known as the Industries Act Branch of the Ministry of Commerce and Industry. Shri P. S. Sandaram was overall incharge of such licensing matters. A cheque dated 25th June, 1956 was issued on the Punjab Co-operative Bank Ltd. for Rs. 2,500.00 in favour of Shri P. S. Sundaram by one Nand Kumar. That cheque was certified by the Bank as good for payment up to 24th September, 1956. At the back of the cheque there were the signatures purporting to be of P. S. Sundaram. The petitioner wrote an endorsement on top of those signatures to the effect - "Please pay to Shri Sardar Bahadur". Lower down the signatures it was written by him as follows : -

(2.) The petitioner was suspended on 21st May, 1959 and on or about 2 rd January, 1961 he received a memorandum from the Deputy Secretary, Government of India, Ministry of External Affairs, informing him that it was proposed to hold an enquiry against him under rule 15 of the Central Civil Services (Classification, Control and Appeal) Rules, 1957. The charges on which the enquiry was to be held are contained in the statement appearing in Annexure 'D' and they were as follows. The petitioner-

(3.) Mr. Keshav Dayal, who appears for the petitioner, has sought assail the older of the President en a number of grounds which are as follows :-