Judgment

SINHA, C.J.I. : This petition under Art. 32 of the Constitution prays for a writ of mandamus or any other appropriate writ or direction to the respondents to remove the ban against the petitioner against his entry into government service. The respondents to the petition are :

1. The Chairman, Central Tractor Organisation, Ministry of Food and Agriculture, Government of India, New Delhi.

2. The Secretary, Ministry of Food and Agriculture, New Delhi.

3. The Secretary, Ministry of Home Affairs, Government of India, New Delhi,

2. The petition is founded on the following allegations. The petitioner is a trained machineman. In 1948, was employed as a machineman in the Central Tractor Organisation. 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 at Annexure A to the petition and is in these terms :

"Shri K. C. Nayar s/o Dr. Tara Chand Designation M/Man 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 one month due to him under R. 5 of the Central Civil Services (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 admissible."

The petitioner appealed against the said order of termination of his services, but his appeal was rejected on December 6, 1954 (Annexure B ). Thereafter the petitioner applied for and obtained a certificate in the following norms (Annexure C ) :

"Certified that Shri Krishan Chander Nayar served in this organisation as a Machineman in the scale of Rs. 125-6-185 with effect from 13-5-1948 to 21-9-1954. His services were terminated under R. 5 of the Central Civil Services (Temporary Service) Rules, 1949."

After receiving the certificate aforesaid, the petitioner made several applications for appointment under the Government, but without any results. Later on "the petitioner learnt to his dismay that the respondents had placed a ban on the petitioner being ever taken into government service . The alleged ban is contained in the following memorandum (Annexure D );

"With reference to his representations dated September 9, 1955 and September 21, 1955, the undersigned is directed to inform Shri K. C. Nair, Ex-Machineman that Government of India regret their inability to lift the ban on his employment for the present." It is this ban which the petitioner pleads, has discriminated against him in the matter of government employment. The petitioner moved the Circuit Bench of Delhi of the High Court of Judicature for the State of Punjab, under Art. 226 of the Constitution, but his petition was dismissed in limine by the Division Bench of that Court by its order dated September 12, 1956, and an application for grant of the necessary certificate for appearing to this court was also dismissed by the Bench on April 26, 1957. This, Court was moved under Art. 32 of the Constitution by a petition dated August 20, 1957.

3. The answer to the petition is contained in the affidavit sworn to by one Mr. C. P. Das, Acting Chairman, Central Tractor Organisation, Ministry of Food & Agriculture, Government of India, New Delhi. This document runs into 23 paragraphs, and whoever may have been responsible for drawing up the answer in the form of the affidavit on behalf of the respondents aforesaid cannot be accused either of brevity or of accuracy. It is full of repetitions, but, as will presently appear, does not answer the main contention raised on behalf of the petitioner, based on Annexure D , quoted above. Besides containing the usual plea that the petition was "entirely misconceived and untenable in law", the affidavit aforesaid on behalf of the