Judgment

MATHEW, J.-This is an appeal by Special Leave filed by the Union of India from the judgment in appeal under Clause 10 of Letters Patent of the Delhi High Court confirming the decision of a learned Single Judge allowing Civil Writ No. 716-D of 1964 filed by the Respondent by quashing the order made by the President on 23rd April, 1963 compulsorily retiring the Respondent from service.

2. The Respondent, Shri Sardar Bahadur, was employed as a Section Officer in the Ministry of Commerce and Industry in the Steel and Cement Section (B) which along with other sections like Industries Act and Industrial Policy etc. was under the control of Shri P. S. Sundaram, Deputy Secretary in that Ministry at that time.

3. In April, 1956, the Ministry invited applications for grant of licences to set up steel re-rolling mills.

4. On June 14, 1956, one Shri Nand Kumar representing Messrs Ram Sarup Mam Chand and Messrs Mam Chand and Company of Calcutta applied for five licences to set up steel re-rolling mills. He also handed over on June 25, 1956 to the respondent a cheque for Rs. 2,500 drawn on the Punjab Co-operative Bank Limited in favour of Shri P. S. Sundaram. The cheque was certified by th