SOBHAGMAL Vs. STATE

JUDGEMENT

(1.) This is an application by Sobhag Mal for issue of a writ of mandamus quashing the order of the Commissioner, Customs and Excise, Rajasthan, dated 29-7-1952, and of the Government, dated 17-1-1953, and directing them to proceed according to law in connection with the proceedings resulting in the dismissal of the applicant.

(2.) The case of the applicant is that he was appointed by the Government of the former state of Jaipur, on 16-10-1946, on probation for one year. Thereafter, he was appointed on 4-3-1948, as Inspector, Customs and Excise Department, as his work during the probationary period was found satisfactory. He was suspended from service by the Assistant Commissioner, Customs & Excise, Jaipur, and gave over charge on the 11th June, 1949. No reasons were given for such suspension in the letter of the Assistant Commissioner. Eventually, however, on 31-8-1951, the Divisional Assistant Commissioner, Customs and Excise, gave the applicant a charge-sheet containing three charges against him. Thereafter, an enquiry was made into these charges; but as there was delay in the enquiry, the applicant approached the Chief Secretary to the Government of Rajasthan on 5-7-1952, and the Chief Secretary asked the Commissioner, Customs and Excise to expedite the proceedings. This annoyed the Commissioner who sent a letter to the applicant to appear in person or by pleader before him on the 18th of July, and give a written reply to certain queries in the letter of the Commissioner. These queries consisted or four items, three of which were a repetition of the three charges already supplied to him, and the fourth asked him to explain why he should not tie discharged from service. Thereafter, the applicant was removed from service on 29-7-1952, and this order was confirmed on appeal by the Government of Rajasthan on 17-1-1953.

(3.) The applicant attacks these orders on two main grounds CD that as he was appointed by the Government of the former State of Jaipur, he could only be removed by the Government of Rajasthan and not by the Commissioner, Customs and Excise who was an authority subordinate to the Government of Rajasthan in view of the provisions of Article 311 (1) of the Constitution, (2) and that the mandatory provision of article 311 (2) of the Constitution was not complied with, and the order of removal was, therefore, bad.