LALA BHAWANI SAHAI Vs. STATE OF RAJAS THAN

JUDGEMENT

(1.) THIS is a petition under Art.226 of the Constitution of India.

(2.) THE petitioner was holding the post of Commissioner of Customs on the 31st of December, 1948, as an employee of the then Jodhpur Government, having put in about 26 years' service. It is alleged that he had an excellent record of service, but to the great surprise his services were terminated by the order of the then Pradhan Mantri of Jodhpur dated 31st December, 1948, without even an explanation being called from him, nor was he supplied with any grounds which led to the termination of his services. It was further alleged that the petitioner preferred an appeal to His Highness the Maharaja of Jodhpur under rule 36 of the revised Ijlas-I-Khas Rules published in Jodhpur Government Gazette dated 22nd December, 1945, on the 29th of January, 1949, which remained undecided till the formation of Rajasthan, and should have been decided by the Government of Rajasthan under sec. 4 of the Rajasthan Appeals and Petitions (Discontinuance) Ordinance, 1949, (No. XL of 1949) but had not yet been decided. It was alleged that at one stage an Hon'ble Minister in charge of the Customs portfolio had expressed an opinion in favour of the petitioner, and the Public Service Commission of Rajasthan had also made a recommendation in his favour, but the Government did not pass any order on his appeal as yet. It was, therefore, prayed that the State of Rajasthan be directed to decide the appeal of the petitioner pending before them. In the alternative it was prayed that this Court may direct the State to reinstate the petitioner, and pay all the emoluments due to him from 1st January, 1949. It was alleged that the petitioner was a head of a major department in the then Jodhpur State, and could not be removed from service without the approval of His Highness the Maharaja of Jodhpur, and that no such approval had been obtained.