KUNWAR BAHADUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE following question of law has been referred to this Full Bench:

(2.) THE facts of the case are these. Kunwar Bahadur was employed as a clerk in the Evacuee Property Department. On 17-5-1956 he was convicted by a Special Judge (Anti-Corruption) for taking a bribe. On 21-5-1956 the Deputy Custodian of Evacuee Property, Allahabad passed an order terminating Kunwar Bahadur's services with effect from 17-5-1956. No opportunity to show cause as provided in Article 311 (2) of the Constitution of India was given to him before passing the order dated 21-5-1956. Kunwar Bahadur appealed against the order of conviction. The appeal was allowed by this Court on 9-4-1957. Kunwar Bahadur instituted a suit in the Court of the Civil Judge, Allahabad for a declaration that the order of removal of the plaintiff from service is void, and the plaintiff continues in service. He also claimed the recovery of arrears of pay up to the date of the suit. The plaintiffs suit was dismissed by the trial Court, Kunwar Bahadur, plaintiff has appealed to this Court.

(3.) WHEN the appeal came up for hearing before a Division Bench of this Court, learned counsel for the parties advanced arguments on the question whether the plaintiff was entitled to the protection of Clause (2) of Article 311 of the Constitution. On finding that there is some conflict of opinion on this question, the Division Bench referred the question of law quoted above to a Full Bench.