HIGH COMMISSIONER FOR INDIA Vs. I M LALL

JUDGEMENT

(1.) This is an appeal by special leave from an order of the Federal Court of India dated 4 - 5 - 1945, Which varied a decree of the High Court of Judicature at Lahore dated 27 - 3 - 1944.

(2.) The respondent, who had been a member of the Indian Civil Service since 1922, instituted the present suit on 20 - 7 - 1942, against the Secretary of State for India, challenging the validity of an order by the latter dated 10 - 8 - 1940, which purported to remove the respondent from the Indian Civil Service.

(3.) The Secretary of State for India was the original appellant in this appeal, but, after the hearing before this Board in July last, the Indian Independence Act, 1947, came into operation on 15 August 1947. By S. 15 (1) of the Act, the present appeal by the Secretary of State was abated, and by S. 15 (2) the appeal was continued by the High Commissioner. By sub - s. (3) of that section, the expression "the High Commissioner" is defined for the purposes of the section. The High Commissioner for India and the High Commissioner for Pakistan have accepted that they should be treated as appellants in place of the Secretary of State for India by virtue of S. 15. Their Lordships find it convenient, however, for the purposes of their opinion, to continue to refer to the Secretary of State as the defendant in the suit and appellant in the Federal Court and before the Board.