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1972 Supreme(SC) 104

S. M. SIKRI, A. N. GROVER, A. N. RAY, D. G. PALEKAR, M. H. BEG
P. B. Roy – Appellant
Versus
Union Of India – Respondent


Advocates:
GOBIND DAS, JAGDISH SVARUP, K.B.ROHTAGI, P.PARMESHVARAN, Prank Anthony, S.P.NAIR

Judgment

BEG, J.:- This is an appeal by grant of a Certificate of the Delhi High Court under Article 132 read with Article 133(1)(b) and (c) of the Constitution.

2. The Appellant had filed a petition under Article 226 of the Constitution for quashing an order dated 10-3-1960 and had prayed for a consequential order also in the nature of a mandamus. Information of the impugned order (Annexure C to the petition), given to the petioner, reads as follows:

"The Union Public Service Commission have in pursuance of Rule 5 of the Central Information Service Rules, 1959, recommended Shri P. B. Roy, at present officiating as Editor in the Publications Division, for appointment, in a substantive capacity, to Grade III of the service at its initial constitution. Shri Roy is informed that the President has been pleased to post him as an Assistant Editor in the Publications Division with immediate effect".

3. The relevant facts, preceding and following the impugned order, which are admitted by both sides may now be mentioned.

4. In 1955, the post of Editor, Publications Division, in the Department of Information and Broadcasting of the Government of India (hereinafter referred to as the Department













































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