BISHAN LAL GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN exercise of the powers under Article 234 of the Constitution of India, the governor of Har-yana was pleased to appoint the appellant Shri Bishan Lal gupta to the Har-yana Civil Service (Judicial Branch) with effect from December 8, 1966. While he was on probation, his services were terminated by an order passed under Sub-rule (2) of Rule 7 appearing in Part 'd' of the Haryana Civil services (Judicial Branch) Rules, 1951, issued in the name of the Governor of haryana on September 11, 1969.

(2.) THE appellant challenged the termination of his services in a suit filed before the learned Subordinate Judge, 1st Class Chandigarh, which was dismissed on august 26, 1970. He filed an appeal in this Court which came up before me while sitting in Chambers.

(3.) IT was argued that the impugned action had been taken against the appellant on the basis of allegations of misconduct which cast an indelible stigma against his character and the order terminating his services, though innocuously worded, was hit by Article 311 of the Constitution of India. It was also submitted that the impugned order could not be deemed to have been passed by the competent authority inasmuch as there was no conclusive evidence on the record to show that the Chief Minister of Haryana had passed the relevant order on the official file. Since the questions involved were of importance and likely to arise in a large number of cases. I requested my Lord the Chief Justice to constitute a larger Bench and this is how this case has come up before us for decision.