T S RABARI Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) A substantial question of general public importance having far-reaching effect has been raised in the present group of petitions. In view of the challenge to the constitutional validity of certain statutory rules, some petitions were placed for admission as well as for final hearing before the Division Bench. In view of the fact that a similar question was pending before the Division Bench, the learned single Judge has also referred some petitions to the Division Bench and that is how all these matters are before us for final hearing. Facts :

(2.) For the purpose of appreciating the controversy in question, it may be necessary to state facts in the first petition briefly. In Special Civil Application No. 1816 of 1989, it is the case of the petitioner that he was appointed as Range Forest Officer Class III on 2/11/1974 and was promoted to the post of Assistant Conservation of Forests, Class II which is a gazetted post. A charge-sheet dated 21/08/1984 was served upon him in respect of an incident said to have taken place in the month of March 1982 when he was working as Range Forest Officer. The inquiry was held wherein the petitioner submitted his explanation. Therefore, nothing was done further in the matter. However, it is the case of the petitioner that he had reliably learnt that an order terminating his services by way of penalty was passed. It is his case that before taking such action, the principles of natural justice have not been observed and he has not been supplied a copy of the report submitted by the Enquiry Officer and, therefore, the impugned order is contrary to law and requires to be quashed and set aside. The petitioner has also challenged the constitutional validity of the Rule 10(4) of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 as amended in 1986 as arbitrary, unreasonable and ultra vires Arts. 14 & 16 of the Constitution of India. In other petitions similar provisions in Rules and/or Regulations framed by the Nationalised Banks, Insurance Company or National Textile Corporation have been challenged as ultra vires and unconstitutional. Statutory Provisions :

(3.) Before we decide whether supply of report of the Enquiry Officer is necessary and whether it is incumbent on the part of the authorities to supply a copy to the delinquent, it is necessary to consider the relevant provisions of the Constitution of India. Part XIV of the Constitution of India relates to the services under the Union and the States. Art. 309 of the Constitution provides that subject to the provisions of the Constitution an appropriate Legislature may regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State. The proviso to the said Article states that until a provision is made by an appropriate Legislature, it shall be competent for the President or Governor to make rules regulating recruitment and conditions of service of such persons. Art. 310 enacts the pleasure doctrine. Art. 311 which is material for our purpose provides for dismissal, removal and reduction in rank of persons employed in civil services in certain circumstances. The relevant part of Art. 311 as it originally stood read as under :