Judgement

GAJENDRAGADKAR, C.J.I. : The respondent, Amar Singh Harika, who was an Assistant Director, Civil Supplies, in the Patiala and East Punjab States Union, was dismissed from service by an order purported to have been passed on the 3rd June 1949; this order was, however, communicated to him by the Chief Secretary, Pepsu Government, on the 2nd/3rd January, 1953. The respondent filed a suit against the appellant, the State of Punjab, and alleged that the impugned order whereby he was dismissed from service, was invalid, inoperative and illegal. This suit was instituted by the respondent in the Court of Sub-Judge, II Class Patiala. The respondent pleaded that the impugned order had been passed without holding any enquiry, and that the procedure adopted by the appellant in respect of the said enquiry was wholly illegal and invalid. That is why he claimed a declaration that despite the said order of dismissal, he continued to be an employee of the appellant and to hold his position as Assistant Director, Civil Supplies. As a consequential relief, the respondent also asked for an order calling upon the appellant to post him as Assistant Director, Civil Supplies, or to some other post of the same status.

2. This claim was resisted by the appellant on several grounds. The appellant urged that the suit filed by the respondent was incompetent in law. It also alleged that the impugned order was valid, legal and binding on the respondent; and it raised the plea of limitation.

3. On these pleadings, the learned trial Judge framed three issues; they were: (1) Is the dismissal of the plaintiff from service of the defendant illegal, void and ultra vires ? (2) Is the suit within time ? and (3) Is the suit maintainable ? The first two issues were answered by the trial Judge in favour of the respondent. He, however, held that the suit filed by the respondent was not maintainable in law with the result that the respondent s claim was dismissed with costs.

4. Against the decree passed by the learned trial Judge, the respondent preferred an appeal in the Punjab High Court. The High Court has upheld the finding of the learned trail Judge in favour of the respondent on the first two issues, and has held that the dismissal of the respondent was ultra vires, void and illegal and that the respondent s suit was within time. In regard to the finding of the learned trail Judge that the respondent s suit was not maintainable, the High Court has taken a contrary view; it has held that the suit was maintainable. In the result, the respondent s claim has been decreed with costs throughout. It is this appellate decree which is challenged before us by Mr. Bishan Narain on behalf of the appellant in the present appeal which has been brought to this Court by special leave.

5. Before dealing with the points raised by Mr. Bishan Narain for our decision in the present appeal, it is necessary to state the material facts leading to the present litigation. The respondent was appointed as a permanent Assistant Director, Civil Supplies, Patiala, on the 15th June 1948. Soon thereafter, he was suspended on the 5th July 1948. The order passed by the Prime Minister, Patiala, which suspended him, directed that an Enquiry Committee consisting of Raja Shiv Dayal Singh, Sardar Rajwant Singh and Babu Banwari Lal should enquire into the charges framed against him. The substance of the charges thus framed against him was that he had abused his powers by issuing certain permits for the procurement of a thousand maunds of Bajra. On the 12th July 1948, the respondent made a representation that Raja Shiv Dayal Singh who had been appointed the Chairman of the said Enquiry Committee, was disqualified to sit on the Enquiry Committee, because the transaction which had given rise to the charge against the respondent, had been entered into under his directions. Thereupon, Raja Shiv Dayal Singh was removed from the Chairmanship and Sodhi Sukhdev Singh, Legal Remembrancer, was appointed in his