and such application of the petitioner will be entertained on merits and the petitioner is number debarred from applying for any post under the Government as he has alleged in his petition.
The petitioner moved the Circuit Bench of Delhi of the High Court of Judicature for the State of Punjab, under Article 226 of the Constitution, but his petition was dismissed in limine by the Division Bench of that Court by it order dated September 12, 1956, and an application for grant of the necessary certificate for appealing to this Court was also dismissed by the Bench on April 26, 1957.
The respondents to the petition are The Chairman, Central Tractor Organisation, Ministry of Food and Agriculture, Government of India, New Delhi.
His services will accordingly stand terminated with immediate effect from the date on which this numberice is served on him.
This Court was moved under Article 32 of the Constitution by a petition dated August 20, 1957.
The office order No.
It is this ban which, the petitioner pleads, has discriminated against him in the matter of government employment.
125 6 185 with effect from 13 5 1948 to 21 9 1954.
Thereafter the petitioner applied for and obtained a certificate in the following terms Annexure C Certified that Shri Krishan Chander Nayar served in this organisation as a Machineman in the scale of Rs.
The Secretary, Ministry of Food and Agriculture, New Delhi.
After receiving the certificate aforesaid, the petitioner made several applications for appointment under the Government, but without any results.
But it is submitted that the petitioner is entitled to apply for any government service and such application would be companysidered on its merits.
The petition is founded on the following allegations.
Later on the petitioner learnt to his dismay that the respondents had placed a ban on the petitioner being ever taken into government service.
He companytinued in government service and rendered a good account of himself in that service until, by a numberice dated September 16, 1954, his services were terminated.
The answer to the petition is companytained in the affidavit sworn to by one Mr. G. P. Das, Acting Chairman, Central Tractor Organisation, Ministry of Food Agriculture, Government of India, New Delhi.
375 terminating his services is at Annexure A to the petition and is in these terms Shri K. C. Nayar s o Dr. Tara Chand Designation M Man is informed that his services are numberlonger required in this Organisation.
The Secretary, Ministry of Home Affairs, Government of India, New Delhi.
The alleged ban is companytained in the following memorandum Annexure D With reference to his representations dated September 9, 1955 and September 21, 1955, the undersigned is directed to inform Shri K. C. Nayar, Ex Machineman that Government of India regret their inability to lift the ban on his employment for the present.
The petitioner is a trained machineman.
The petitioner appealed against the said order of termination of his services, but his appeal was rejected on December 6, 1954 Annexure B .
The payment of allowances will, however, be subject to the companyditions under which such allowances are otherwise admissible.
In 1948, he was employed as a machineman in the Central Tractor Organisation.
His services were terminated under Rule 5 of the Central Civil Services Temporary Service Rules, 1949.
Sinha, C.J. This petition under Article 32 of the Constitution prays for a writ of mandamus or any other appropriate writ or direction to the respondents to remove the ban against the petitioner against his entry into government service.
In lieu of the numberice for one month due to him under rule 5 of the Central Civil Service Temporary Service Rules, Shri K. C. Nayar will be given pay and allowances, for that period.
As the petitioner was governed by Rule 5 of the Central Civil Services Temporary Service Rules, 1949, numberquestion of the issue of any show cause numberice can arise.
