Judgment

K. RAMASWAMY, J.:- In this appeal by special leave, by way of additional grounds with leave, the appellant impugnes Rule 5 of the Orissa Insurance Co-operative Society Ltd. Service Rules (for short the Rules) as unconstitutional and-void offending Article 14 of the Constitution of India. The material facts relevant to the point are that while the appellant was working as Divisional Manager at Delhi, the general insurance business was nationalised and its management was taken over by the Central Government under General Insurance (Emergency Provisions) Ordinance, 1971 replaced by Act 57 of 1972 (for short the Act) and vested in the custodian of the New India Assurance Co. Ltd., the management of Orissa Insurance Cooperative Society Ltd. By operation of S. 7 of the Act, the services of the appellant and others stood transferred and vested with the custodian. Under the Act, the Board of directors was empowered to terminate the service of the officer/ employee of the insurer. The appellant was kept under suspension from August 9, 1973 pending investigation into the embezzlement. Explanation was called for on October 16, 1973. In response thereto the appellant submitted his repl