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1967 Supreme(SC) 5

C.A.VAIDIALINGAM, J.C.SHAH, K.SUBBA RAO, S.M.SIKRI, V.RAMASWAMI
D. R. Nim, C. S. Prasad – Appellant
Versus
Union Of India – Respondent


Advocates:
B.DUTTA, B.R.L.Iyengar, BASUDEV PRASAD, J.B.DADACHAN, K.R.CHAUDHARY, K.RAJENDRA CHAUDHARY, N.S.BINDRA

Judgement

SIKRI, J. : This appeal by Special leave is directed against the, judgment of the Circuit Bench of the Punjab High Court at Delhi, dismissing in limine the petition under Article 226 of the Constitution filed by the appellant D. R. Nim. The appellant had impugned in this petition an order, dated August 25, 1955, passed by the Government of India, (Ministry of Home Affairs) - hereinafter referred to as the impugned order as being contrary to law and Art. 14 of the Constitution.

2. The relevant facts for the determination of the validity of the impugned order are as follows: The appellant was appointed to the U. P. Police Service as a result of a competitive examination held in 1938. In course of time he was appointed officiating Superintendent of Police with effect from June 25, 1947. He continued to officiate till he was appointed to the Indian Police Service against the promotion quota of the Indian Police Service Cadre of Uttar Pradesh with effect from October 22, 1955. By the time he was appointed to the Indian Police Service various Rules and Regulations governing the Indian Police Service had been issued by the Central Government in exercise of the powers conferred by


























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