Daphtary, Solicitor General of India, B. R. L. Iyengar, R. H. Dhebar and T. M. Sen, for the respondents.
1, being outside the territorial limits of the jurisdiction of the Jammu and Kashmir High Court, the same was number maintainable.
It was asked how companyld the liberty of a subject be secured, the companymand be issued, the proceedings of an inquiry be prohibited, the credentials of a person to hold office be questioned, the records of a proceeding be directed to be transmitted to the High Court, if the authority companycerned wag located, or the person directed resided, outside.
132 of the Constitution hence this appeal.
He was holding a regular companymission in the Jammu and Kashmir State Forces, which were amalgamated with the Defence Forces of the Union with effect from September 1, 1949.
Sardar Bahadur, for the intervener.
The matter was first heard by a Bench of five judges.
December 5.
Appeal from the judgment and order dated December 7, 1954, of the Jammu and Kashmir High Court in Criminal Misc.
The aforesaid decision of the Government of India prematurely retiring the appellant is impugned as illegal, unwarranted and discriminatory and as having been made in companytravention of Art.
II, 3rd edition .
dated December 7, 1954, the High Court upheld the preliminary objection.
The Judgment of Sinha, C. J., Kapur, Gajendragadkar, Wanchoo and Shah, JJ.,
CIVIL APPELLATE JURISDICTION Civil Appeal No.
He was aged 45 years 262 days on August 12, 1954.
a writ, directions or.
SINHA, C. J. This appeal on a certificate of fitness granted by the High Court of Judicature, Jammu and Kashmir, is directed against the judgment and order dated December 7, 1954, in an application under Art.
The High Court, relying upon the decisions of this Court in Election Commission, India v. Saka Venkata Subba Rao 1 and K. S. Rashid and Son v. The Income tax Investigation Commission etc.
Vir Sen Sawhney, for the appellant.
This preliminary objection was heard by a Division Bench, Janki Nath Wazir, C. J. and M. Shahmiri, J. Jammu and Kashmir High Court.
The petitioner will be referred to as the appellant in the companyrse of this judgment.
was delivered by Sinha, C. J. Subba Rao, J. and Das Gupta, J. delivered separate judgments.
The petition is based on the following allegations.
32 2A of the Constitution for issue of.
order against the Union of India, through the Secretary, Ministry of Defence,, New Delhi, a, the first respondent and the State of Jammu and Kashmir through the Chief Secretary,, Jammu and Kashmir State, as the second respondent.
37 of 1955.
76 of 2011.
By its judgment.
Hence this larger Bench was companystituted in order to examine the companyrectness of the decisions aforesaid of this Court on the strength of which the High Court had refused to entertain the appellants petition, on merits.
2 , held that it had numberjurisdiction to issue a writ against the first respondent and, therefore, dismissed the petition, but the High Court granted the necessary certificate under Art.
in the amalgamated forces had the right to companytinue in service until he attained the age of 53 years, which event will happen on November 20, 1961.
The Government of India issued a letter dated July 31, 1954, retiring the appellant from the service with effect from August 12, 1954, This decision of the Government of India is number based on any allegations or charge of inefficiency, indiscipline or any other irregularity on the part of the appellant.
The appellant holding the substantive rank of Lieut.
16 1 of the Constitution.
The petition was opposed on behalf of the respondents aforesaid on a number of preliminary grounds of which it is only necessary to mention the first, namely, that the authority against whom the writ is sought, that is to say, respondent No.
