MAJOR U R BHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal raises the question whether a failure on the part of Government to consult the Public Service Commission before ordering the discharge of a Government servant renders the order of discharge void and of no effect.

(2.) The plaintiff in this case is one Major U.R. Bhat, who was appointed Senior Inspector (Fruits Products) in the Central Agricultural Marketing Department on the 9th April, 1946 on a salary of Rs. 810 per mensem. He was to remain on probation for a period of six months. His services were liable to be terminated without notice during the period of probation And afterwards by three months' notice on either side except in the case of professional incompetency in which case no notice was to be given.

(3.) On the 17th March, 1947, a charge-sheet was handed over to the plaintiff and he was asked to show cause why he should not be removed from the service of the Crown and on the 3rd May, 1947 he was placed under suspension. An inquiry was later held under the provisions of rule 55 of the Civil Services (Classification, Control and Appeal) Rules and on the 3rd December, 1947 the Governor-General of India discharged him from the service of the Crown with effect from the date on which he was placed under suspension.