Rule 4(2) of the Uttar Pradesh Disciplinary Proceedings (Administrative Tribunal) Rules, 1947 imposes an obligation on the Governor to grant a request made by a gazetted government servant that his case should be referred to the Tribunal under the Rules.

Judgement

GAJENDRAGADKAR, J. : The short point of law which arises in this appeal relates to the construction of R. 4(2) of the Uttar Pradesh Disciplinary Proceedings (Administrative Tribunal) Rules, 1947 (hereinafter called the Rules). That question arms in this way. The respondent Jogendra Singh was appointed a Naib Tehsildar under the appellant, the State of U.P. in the year 1937. On August 4, 1952, he was suspended as complaints had been received against him and an enquiry into the said complaints was contemplated. Accordingly, charges were framed against him and his case was referred for investigation to the Administrative Tribunal appointed under the Rules. The Tribunal held an enquiry and exonerated the respondent from the charges framed against him, in August 1953.

2. While the proceedings before the Tribunal were pending, additional complaints were received by the appellant against the respondent s conduct, and they were communicated by the appellant to the Tribunal with an intimation that the appellant proposed to send those further charges against the respondent for enquiry. The Tribunal did not wait for receipt of the said additional charges because it was asked by the Government to proceed with the charge already with it and concluded its enquiry. That is why on October 28, 1955 the respondent was again suspended and charges framed on the additional complaints received against him were delivered to him on October 29, 1956. On November 12, 1956 the respondent submitted his explanation and pleaded that in case the appellant wanted to pursue the enquiry against him, it might be entrusted to the Administrative Tribunal in accordance with the Rules.

3. On June 28, l958, the Deputy Secretary, Board of Revenue, U.P., informed the respondent that in accordance with the orders passed by the appellant his case had been entrusted to the Commissioner, Gorakhpur Division with directions to take disciplinary proceeding against him, and his request that the charges against hurt should be entrusted for investigation to the Administrative Tribunal had been rejected.

4. Thereupon the respondent filed a writ petition in the High Court judicature at Allahabad on July 14, 1958, and prayed that a writ, or a direction or an appropriate order should be passed against the appellant quashing the proceedings intended to be taken against him before the enquiring officer appointed by the appellant under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules. The learned single Judge who heard the writ petition held that the respondent being a gazetted officer, the appellant was bound to grant his request that the enquiry against him should be held by the Administrative Tribunal appointed under the Rules. That is why the writ petition was allowed and the order directing the enquiry to be held by the appointed authority under R. 55 of the said Civil Services Rules was quashed.

5. This order was challenged by the appellant by an appeal under the Letters Patent before a Division Bench of the said High Court. The Division Bench agreed with the view taken by the learned single Judge and dismissed the appeal. The appellant then applied for and obtained a certificate from the said High Court and it is with the said certificate that it has cosine to this Court.

6. Mr. Hajela for the appellant contends that the conclusion reached by the Courts below is not supported on a fair and reasonable construction of R. 4(2) of the Rules. The appellant s case is that in the State of U.P. it is competent to the Governor to direct that disciplinary proceedings against the officers specified in R. 4 of the Rules should be tried before an Administrative officer, but there is no obligation on the Governor in that behalf. The Governor may, if he so decides direct that the said enquiry may be held under R. 55 of the Civil Services Rules and conducted by an appropriate authority appointed in that behalf. Whether the enquiry should be held by the Administrati