Judgment

AYYANGAR, J. -  The appellants, R. P. Kapur, was appointed to the Indian Civil Service in or about 1938. He continued in the service after independence and has since 1948, been in the service of the Government of the Punjab. While so, on May 26, 1961 an order was made in the name of the Governor Punjab directing an inquiry against the appellants under the Public Servants (Inquiries) Act, 1850. The appellants challenged the validity of this order in a petition that he filed to the High Court of Punjab under Art. 226 of the Constitution and when that was dismissed he has preferred this appeal with the special leave of this Court. This appeal was heard by us in the second week of February, 1963 and judgment was reserved on the 13th of that month. Several points of law and fact were canvassed in the appeal and those will be dealt with in the judgment to be pronounced.

2. There was one point, however, which did arise on the case but was not fully argued and that related to the proper construction and legal effect of S. 2 of the Public Servants (Inquiries) Act, 1850 which, as it now stands, reads :

"Whenever the Government shall be of opinion that there are good grounds for making