LexSARDAR KAPUR SINGH versus THE UNION OF INDIA
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- • - - S.C.R. SUPRiEME COURT REPORTS SARDAR KAPUR SINGH v. \ THE UNION OF INDIA (B. P. SINHA, C.J., P. B. GAJENDRAGADKAR, 569 K. SuBBA RAO, K. 0. DAS GUPTA and J.C. SHAH, JJ.) Public Servant, Dismissal of-Member of Indian Civil Service -Enquiry Commissioner appointed by State Government-Validity -'Government', meaning of-Procedure, if discriminatory- President, if must hear evidence before passing order-Public Servants (Inquiries) Act, r850 (37 of r850), s. 2, Civil Services (Classification, Control and Appeal) Rules, r. 55-Constitution of India, Arts. ;)II, 3r4. · · The appellant was a member of the Indian Civil Service posted in the Punjab. The East Punjab Government suspended him and appointed the Chief Justice of the East Punjab High Court as Enquiry Commissioner under the Public Servants (Inquiries) Act, 1850 (37 of 1850). to hold an enquiry against him on diverse charges of misappropriation and misdemeanour framed against him. After a protracted enquiry on evidence, the Commissioner found him guilty on most of the charges and submitted his report to the Government of the East Punjab. The appellant was supplied a copy of the report by the Secretary _ to the Government of India, Ministry of Home Affairs, and informed that on a careful consideration of the report and the findings of the Enquiry Commissioner, the President had provi- sionally decided to dismiss the appellant from service and desired that the appellant should have an opportunity of showing cause and making a representation against the proposed action. The appellant submitted a lengthy representation. After consultation with· the Union Public Service Commission, the President dis- missed the appellant from service with immediate effect. The appellant challenged the President's order under Art 226 of the Constitution. The High Court dismissed his petition and, on a certificate of fitness granted by it, the appellant filed the present appeal. It was contended, inter alia, on his behalf that (1) the East Punjab Government had no power to- direct the _enquiry against the appellant since he was a member of the Indian Civil Service and not employed under that Government, (2) the enquiry could only be held under r. 55 of the Civil Services (Classification, Control and Appeal) Rules and not the Public Servant~ (Inquiries) Act, 1850 and (3) that the enquiry held under that Act was dis- criminatory and infringed Art. 14 of the Constitution. Held, that the contentions were without substance and must fail. The word " Government" in s. 2 of the Public Servants (Inquiries) Act, 18501 means, as defined by s. 2~ of the Act, the n z959 December zs: 570 SUPREl\ffi COURT REPORTS [196012)] z959 Central Government in the case of persons employed under that Government and the State Government in the case of persons Sardar emplo)led under the State Government. A member of the Civil Rapur Singh Service of the Union undoubtedly holds his office during the v. pleasure of the President, but the power of dismissal cannot be The Union of India equated with the authority to direct an enquiry under the Act and there is nothing in the Constitution which takes away the authority of the State to direct an enquiry under s. 2 of the Act. There was no doubt that appellant who was posted in the Punjab, was at the date of the enquiry employed under the East Punjab Government. Consequently, its order directing an enquiry against him under the Act was perfectly valid in law. There is no foundation for the contention that the members of the Indian Civil Service are beyond the purview of the Act which is meant to regulate enquiries into the conduct of superior public servants not removable except \Vith the sanction of the Government. The members of the Indian Civil Service, whe1her employed under the Union or the State, are not employees of the President; and they are not liable to be dismissed from their appointment without the sanction of the Government. Rule 55 of the Civil Services (Classification, Control and Appeal) Rules contemplates an enquiry, either under the proced- ure prescribed by the Public Servants (Inquiries). Act, 1850, or the procedure prescribed by it. It does not require that once an enquiry is held under the Act, there must be another under it before a member of the Indian Civil Service can be dismissed .. The expression "without prejudice " in the ·opening clause of the )"ule does not m
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