Judgment

GROVER, J.:- This is an appeal by special leave in which the sole question for determination is whether the services of the respondent who was an employee of the appellant could be terminated under Regulation 9 (b) without complying with the procedure prescribed by Regulation 15 of the D. R. T. A (Conditions of Appointment and Service Regulations), 1952, as amended, which were framed under Section 53, sub-sections (1) and (2) (c) of the Delhi Road Transport Authority Act, 1950.

2. The respondent was originally appointed as a booking agent under the Gwalior Northern Transport Company. He was promoted to the rank of Travelling Ticket Examiner in 1947. In 1948 the Government of India, Ministry of Transport, took over the aforesaid company. On March 7, 1950 the Delhi Road Transport Authority Act was passed. The services of the respondent were transferred to the said Authority. In March, 1952 the respondent was demoted from the rank of Travelling Ticket Examiner to that of a Conductor. He filed a writ petition in the Circuit Bench of the Punjab High Court at Delhi in April 1953. The writ petition was dismissed and thereafter his services were terminated on November 11, 1953. The order of termination which was passed by the Manager of the Delhi Road Transport Authority was in the following terms :

"Your services will not be required by this organisation with effect from November 12, 1953. You will be paid one month s salary In lieu of notice".

3. There were certain proceedings before the Conciliation Officer and in answer to a query made by that officer the General Manager wrote a letter on August 14, 1956 in which it was stated, inter alia that the respondent had approached the High Court when he had been demoted at the previous stage without exhausting the normal official channel of redress and without putting in his representation before the Appellate Authority as provided in the Service Rules. His services were therefore terminated under Regulation 9 (b) after paying one month s salary in lieu of notice. It may be mentioned that the Service Rule of which the breach was alleged to have been committed by the respondent was Standing Order No. 17 which enjoined that no employee should have recourse to a Court of law without first resorting to the normal official channels of redress.

4. The suit out of which the present appeal has arisen was filed by the respondent containing all the above facts in which it was alleged that the order dated November 11, 1953 was one of dismissal and had been passed as a measure of punishment, the procedure prescribed by Regulation 15 not having been followed. In para 29 of the plaint the sole allegation relating to mala fides was made in these terms :

"......... It was male fide on the part of the General Manager, D. R. T. A to terminate the services of the plaintiff without assigning any reason".

A declaration was sought that the order of dismissal was illegal, male fide etc., and that the plaintiff continued to remain in the employment of the appellant without any interruption of rights. A claim for certain amount was also made on account of salary etc. The only two issues framed on the merits were:

(l) "Whether the order dated 11th November, 1953 terminating the services of the plaintiff is illegal and ultra vires as alleged ?

(2) Whether the plaintiff is entitled to the recovery of any amount by way of consequential relief ? If so, at what rate and for what Period ?"

The trial Court held that the order terminating the services of the respondent was not covered by Regulation 9 (b) but was an order of dismissal from service under Regulation 15 (2) Clause (7) and therefore the order of termination was nothing short of dismissal. It was held that the dismissal of the respondent was illegal and that he was entitled to the pay and allowance in the sum of Rs. 4,500.

5. An appeal was taken to the District Court which confirmed the decree of trial Court. A learned Single Judge of the High Court who dispose