R.P. KAPUR versus UNION OF INDIA AND ANR.

Citation: [1964] 5 S.C.R. 431 · Decided: 19-11-1963 · Supreme Court of India · Bench: P.B. GAJENDRAGADKAR · Disposal: Appeal(s) allowed

Cited by 6 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

.. 
5 S.C.R. 
SUPREME COURT REPORTS 
431 
'Castle' being separately assessed at Bombay in the 
1963 
status of a registered firm apparently refer to assess-
--
ment of that business in subsequent years and not Commissioner of 
in the year of assessment 1951-52. The conclusion 
Income-tax, 
of the Tribunal 
therefore suffers from a double 
Punjab 
infirmity: it assumes the only fact on which its con-
v. 
clusion is founded and ignores other relevant matters Indian Woollen 
on which the Appellate Assistant Commissioner re-
Textile Mills 
lied in support of his conclusion. The Tribunal 
has therefore misdirected itself in law in arriving at 
its finding, and in refusing to require the Tribunal 
to state the case and to refer it, the High Court was, 
in our view, in error. 
The appeal is therefore allowed and the proceed-
ings are remanded to the High Court with a direction 
to proceed according to law. Costs in this appeal 
will be costs in the High Court. 
Appeal allowed and Case 
remanded. 
R.P. KAPUR 
v. 
UNION OF INDIA AND ANR. 
(P.B. GAJENDRAGADKAR, K. SUBBA RAO, K.N. 
WANCHOO, J.C. SHAH AND RAGHUBAR DYAL, JJ.) 
Civil Service-Member of former Secretary of State's Service 
suspended by Governor pending criminal proceeding-Validity 
of order-Rule, if ultra vires-A// India Services (Discipline 
and Appeal) 
Rules, 
1955, 
r.7-Constitution of India, 
Art. 
314-Government of India 
Act, 
1935, 
ss.241, 
247-Civil 
Services (Classification, Control and Appeal) Rules, rr. 49, 56-
Fundamental Rules, r.53-Indian Administrative Service (Recruit-
ment) Rules. 1954, r.3-India, (Provisional Constitution) Order, 
1947, Art.7(1).-Indian Independence Act, 1947, s. 10 
The appellant joined the Indian Civil Service in 1939 and was 
posted in the province of Madras. After the transfer of power 
under the Indian Independence Act on August 15,1947, he was 
Shah J. 
1963 
November 19 
1963 
R.P. Kapur 
v. 
Union of India 
and A.nr. 
432 
SUPREME COURT REPORTS 
[1964] 
transferred to the Punjab and later when the Indian Administrative 
Service was constituted he became its member. 
On July 18, 
1959, he was suspended by the Governor of the State of Punjab 
under r. 7(3) of the Indian Services (Discipline and Appeal) Rules, 
1955, on the ground that a criminal case was pending against 
him. He challenged the order of suspension by a writ petition 
in the Punjab High Court as being violative of the guarantee con-
tained in Art. 314 of the Constitution and contrary to r. 49 of the 
Civil Services (Classification, Control and Appeal) Rules which 
provided only for suspension as a penalty. 
His case was that 
there was no provision immediately before January 26, 
1950, 
that provided for suspension otherwise than as penalty. The 
High Court dismissed the petition. 
\ 
\ 
He/d:-{per Gajendragadkar, Subba Rao, Wanchoo and 
Shah, JJ). The general law of master and servant and s. 247 of 
the Government of India Act, r. 53 of the Fundamental Rules and 
rr. 49, 56 of the Civil Services (Classification, Control and Appeal) 
Rules, read together clearly show that members of the former 
Secretary of State's Services were on August 14, 1947, liable to 
suspension either as an interim measure or as a punishment. Interim 
suspension could be imposed either by the Secretary of State as 
the appointing authority or the Governor-General or the Governor, 
as the case might be, as the statutory authority. 
Management of Hotel Imperial, New Delhi v Hotel Workers' 
Union, [1960] 1 S.C.R. 476 and T. Cajee v. U. Jormanik Siem, 
[1961] 1 S.C.R. 750, referred to. 
It was not therefore correct to say that there could be no 
suspension except by way of punishment under r.49 of the Appeal 
Rules before 1947. In a case of interim suspension before 1947 
• 
there was however no right of appeal. 
~ 
Article 314 of the Constitution, properly construed, affords 
such protection to the members of the Secretary of State's 
Services as they were entitled to immediately before the commence-
ment of the Constitution. There can be no doubt that suspension 
pending a departmental enquiry or a criminal proceeding falls 
within the word 'disciplinary matters' used in that Article. 
It was not correct to say that as independence was conferred 
on India and the Services automatically terminated, there was 
in law reappointment of all the former Secretary of State's Services, 
" 
and those serving in a province must be deemed to have been 
reappointed by the Governor and that, consequ

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