GUL MOHAMMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition was filed by Gul Mohammad on July 1, 1968 but it was dismissed summarily by a learned Single Judge on August 1, 1968. The petitioner preferred a special appeal, which was allowed on March 20, 1972 and the case was sent back for a fresh decision after allowing the respondent to file a reply. The petitioner died during the pendency of the appeal and his legal representatives are now prosecuting the writ petition.

(2.) GUL Mohammad was an employee of the Western Railway when he received order Ex. 2 dated August 24, 1967, to the following effect, - "order - The President is satisfied that the retention of Shri GUL Mohammad, Stenographer, Deputy Chief Accounts Officer, (Traffic Accounts) Office, Western Railway, Ajmer, in service is prejudicial to National Security and that the said Shri GUL Mohammad ought so be removed from service. (2) The President is further satisfied under sub-clause (c) of the proviso to clause (2) of Art. 311 of the Constitution that in the interest of the security of the State, it is not expedient to hold an inquiry in the case of the said Shri GUL Mohammad. (3) Accordingly, the President hereby removes the said Shri GUL Mohammad from service with effect from the 12th of September, 1967. " He felt aggrieved against that order and made representations to the authorities concerned. He was however informed by memorandum Ex. 10 dated May 18, 1968, that his representation had been "considered by the President but it was not proposed to make any change in the orders already passed". He therefore filed the present writ petition for quashing the order of his removal and for his reinstatement in service with retrospective effect.