INDER SAIN BAKSHI S O BAKSHI ANANT RAM Vs. UNION OF INDIA TROUGH SECY MINISTRY OF GOVERNMENT OF INDIA NEW DELHI

JUDGEMENT

(1.) This second appeal arises out of a suit for declaration filed by the appellant against the Union of India

(2.) . The appellant's case was that he was a Civilian employee of the Defence Department of the Government of India,: having been appointed in 1924 in the Military Farms Department, subsequently called the Remount Veterinary and Farms Corps of the Defence Services He was a permanent band in the said Service and was promoted to the rank of temporary Manager in the year 1944, which post he held until 1951 when he was down-graded. In June 1950, the Deputy Assistant Director of Remount Veterinary Farms, Army Headquarters, paid a surprise check-up visit to the appellant's farm at Mhow where the appellant was the Manager and Inspected the stores. On the basis of the check-up results the appellant was suspended on 26-6-1950 and was simultaneously transferred to Namkum in Bihar. At Namkum, a charge-sheet dated 14-7-1950 was served on the appellant on 20-7-1950 and he was directed to submit his explanation by 24-7-1950. An inquiry was conducted into the charges and finally on 2-4-1951, the appellant was down-graded. On 14-5-1951, the appellant filed an appeal against his down-grading to the Defence Minister, Government of India, and the same was dismissed on 20-12-1951. The appellant was not given a reasonable opportunity to defend himself and the order of down-grading passed against him was unconstitutional, illegal and unwarranted and was contrary to principles of natural justice and offended against Article 311 (2) of the Constitution of India.

(3.) . The appellant's further case was that by an order received by him on 14-12-1951 from the Assistant Director, Remount Veterinaty & Farms Headquarters, Western Command, he was asked to report to the Officer Commanding, Military Hospital, since he was to be placed before a Medical Board for examination. The appellant was examined by a Medical Board on 24-12-1951 at Dehra Dun. The Civil Surgeon, Dehra Dun, wrote to the Assistant Director, Remount Veterinary and Farms, on 7-1-1952 certifying that the appellant was suffering from Influenza, bronchitis and fever and recommended extension of leave by one month. To this, no reply was received. On 4-2-1952, the Civil Surgeon again wrote a similar letter recommending one month further extension of leave. Thereafter, the appellant received a letter dated 9/11-2-1952 from the Assistant Director, Remount Veterinary Farms to the effect that the appellant had already been invalided by the Medical Board held at Dehra Dun on 24-12-1951, and therefore, the question of grant of further leave did not arise and it was then for the first time, the appellant leant that his services had been terminated.