A. P. RAJVANSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a plaintiffs second appeal in a suit for the declaration that the three orders passed against him were illegal, ultra vires, unconstitutional and arbitrary. The first order is an order dated ll/12th Oct, 1966 stopping the passes and P.T.Os. of the plaintiff for one year. The second order is an order of the District Controller of Stores, Gorakhpur, dated 2/4th Sept., 1967 stopping the increment of the plaintiff for one year with cumulative effect The third order is an order of the Assistant Controller of Stores, Gorakhpur dated 10/11th Sept., 1967 stopping the passes and P.T.Os. of the plaintiff for one year. So far as the first and the third orders are concerned, they exhausted themselves long ago and there being no prayer for any consequential relief no declaration of their invalidity could be granted, and the lower appellate court is right in saying so. With regard to the second order there is a prayer for a consequential relief for the declaration that the plaintiff is entitled to emoluments consequent upon the declaration of the invalidity of the order.

(2.) The only ground on which the validity of the order was attacked before me was that the disciplinary authority has not given any reasons for the order. Particular attack was directed on this ground not so much against the impugned order of the District Controller of Stores, Gorakhpur, but against the order passed by the appellate authority rejecting the plaintiff's appeal by an order dated 3rd Oct., vide Ext. A-18. The order reads as under :