KRISHAN CHANDER NAYAR versus THE CHAIRMAN, CENTRAL TRACTOR ORGANISATION AND OTHERS

Citation: [1962] 3 S.C.R. 187 · Decided: 23-08-1961 · Supreme Court of India · Bench: BHUVNESHWAR PRASAD SINHA · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

3 S.CJt. 
SUPREME COURT REPORTS 
KRISHAN CHANDER NAYAR 
v. 
THE CHAIRMAN, CENTRAL TRACTOR 
ORGANISATION AND OTHERS 
187 
(B. P. SINHA, c. J., s. K. DAS, A. K. SARKAR, 
K.C.DAs GUPTA and N. RAJAGOPALAAYYANGAR, JJ.) 
State Employment-Arbitrary impo$ifion of ban again8t 
-;., 
such employm~nt-If violates fundamental right-Oonslitution of 
Jlldia, A.rt. 16(1). 
, 
Arbitrary imposition of a ban against a person's entry 
into Government service amounts to an infringement of his 
right to equality of opportunity guaranteed by Art. 16(1)of 
the Constitution. 
That Article guarantees not merely the right to make ~n 
application for State employment but also a consideration on 
merits of that application when made. 
Consequently, in the instant case, where such a ban was 
in fact imposed on the petitioner but the affidavit filed in 
answer to bis petition on behalf of the authority imposing the 
ban failed to indicate its nature and merely reiterated that the 
petitioner had not been deprived of his right to apply a'lld ·no 
qpportu11ity bad been given to the petitioner of showing cause 
against the imposition of the ban which evidently prevented 
his applicatoin being considered .on the merits. 
Held, that there was a clear infringement of the pcti· 
tioners fundamental right under Art. 16(1) of the constitution. 
The necessity for exact, concise and clear statelrients in 
affidavits must be emphasised. 
ORIGINAL ,TURISDIOTJON : Petition No. 107 of 
1957. 
Petition under Art. 32 of the Constitution of 
India for enforcement of Fundamental Rights. 
D. D. Chawla, for the petitioner. 
C. K: Daphtwry, SoUcitor-General oJ 
lndia, 
H.J. Umrigar and T.M. Sen, for the respondents. 
1961. August 23. The Judgment of the Court 
was delivered by 
,. ~ 
SINHA, C. J.-This petition under Mt. 32 of 
the Constitution prays for a writ of ml.llldamu11 or 
11n;y other appropriate writ or direction to 
tJi~ 
SiW.. ('. J. 
·-, ' -· -... 
j 
/ 
188, 
· SUPREME.COURT. REPORTS 
[1962] 
respondents 
to 
remove 
the ban against 
~he 
Krithan Chander 
petitioner against his entry into government service. 
Nayar 
The respondents to the petition are : 
1961 
TM Chairman, 
: I: The . Chairman,. Central 
Tractor 
c0~;,";/;',,~f;',;' 
Organisation, Ministry of Food and Agricul-
. · -·- ·- ·' > ture,· Government of India, New .Delhi. · 
Sinha a. J.' • 
------ - --
, "'' 
2. The Secretary, Ministry of Food. and 
Agriculture, New Delhi. ' 
. 
. 
3. The Secretary, Ministry of Home 
Affairs, Government· of India, New Delhi. 
The petition. is founded - on . the following 
· allegations. The petitioner is a trained machine-
man. In 1948, he was employed as a machineman 
in the Central Tractor Organisatfon: -He continued 
in government service and rendered a good account 
of himself in that service until, by. a . notice dated 
September '16, 1954, his services were terminated. 
The: office order No. 375 terminating his services is 
af Annexure .'A' to_ the petition and is in these 
terms:,,. 
· 
'.'Shri K. C. Nayar s/o Dr. Tara Chand 
Designation . l\I/l\Ian is ·informed that his 
.. , ·· services 
are ·no longer . required in this 
··,::.'·~'.Organisation. · His services will accordingly 
· '.. 
stand terminated with immediate effect from 
the date on which this notice is served on 
him. In lieu of the notice for ODO month due 
to him under rule 5 · of the Central Civil 
Service (Temporary Service) Rules, Shri K.C . 
. ' 
.. Nayar will be given pay and allowances, .for 
' that period. The payment of allowances will, 
however, be subject to .the conditions under . 
. ,.: · .. which• such allowances are otherwise admissi· 
:: .ble." •·.": 
The. petitioner appealed against the said order of 
termjnation of his services, but his appeal was · 
rejected· on December . 6, 1954 (Annexure . 'B'). 
Thereafter .. the petitioner applied for and obtained 
· ~ :cerlgi~te in the following terms (Annexure 'C'):, 
. 
. 
. 
I 
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• 
.. 
•• 
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t 
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' 
i ':t . 
3 s.o.R. 
SUP;R~ME COURT REPORTS 
189 
"Certified that·. Shri Krishan ·.·Chander 
. NayiJ.r 
served in thiS organisation as, II<. 
Machineman in the scale .of Rs. 125-6-185 with 
effect from 13-5-1948 to 21-9-1954. 
His 
services· were terminated under Rule 5 of the 
Central Civil ServiceH (Temporary Service) 
Rules, 1949." 
After receiving the certificate aforesaid, the peti-
tioner made several applications for appointment 
under the Government, but without any results. 
Later on "thP petitioner learnt to his dismay that 

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