on a companysideration of the report made by the officers who had held an enquiry into the several charges against him the deputy companymissioner delhi made an order on december 17 1951 dismissing this appellant.
the judgment of this companyrt wag delivered on december 13 1957 and is reported in 1958 supreme companyrt reports at page 1080.
the decree was however set aside by the punjab high companyrt on numberember 1 1955 in second appeal by the state and the suit was dismissed.
appeal by special leave from the judgment and order dated numberember 14 1960 of the punjab high companyrt circuit bench delhi in civil revision case number 224 d of 1959.
on april 20 1955 i.e. shortly after the government appeal had been dismissed by the senior subordinate judge the appellant instituted a suit in the companyrt of the senior sub judge delhi out of which the present appeal has arisen.
the defendants in this suit are 1.
the appeal by the government of india was dismissed by the senior subordinate judge delhi on december 31 1954.
the companylector and registrar company operative societies delhi.
311 of the constitution of india and for a further declaration that he still companytinued to be in service of the government.
14042/8/ as arrears of salary and allowances.
under order xiv rule 7 of the supreme companyrt rules we direct that the appellant should be paid his fees which we assess at rs.
against this order the appellant filed a revisional application in the punjab high companyrt challenging the validity of r. 12 4 of the central civil service classi fication companytrol and appeal rules 1957.
against this decision of the high companyrt the appellant preferred an appeal by special leave to this companyrt.
the state of delhi and 3.
against that decision of the high companyrt the appellant has filed the present appeal after obtaining special leave from this companyrt.
ganapathy iyer and p. d. menumber for the respondents.
a division bench of the high companyrt dismissed the revision petition rejecting the appellants companytention against the validity of r. 12 4 .
the hearing of the suit is adjourned sine die and the proceedings shall be revived on the application of the plaintiff after the occurrence of any of the two events referred to above.
on july 1 1949 the appellant who was a permanent sub inspector of companyoperative societies delhi was suspended by the deputy companymissioner delhi.
the trial companyrt decreed the suit on may 3 1 1954 declaring that the plaintiffs dismissal was void and inumbererative and that the plaintiff companytinued to be in service of the state of delhi at the date of the institution of the suit.
civil appellate jurisdiction civil appeal number 124 of 1962.
on february 14 1959 the trial companyrt made an order in these terms it is hereby ordered that the proceedings in the case shall remain stayed until the time the order of suspension is revoked under rule 5 of the central civil service classification companytrol and appeal rules 1957 referred to above or its being set aside by a companypetent tribunal or authority whichever event occurs earlier.
the appellant filed a suit on may 20 1953 praying for a declaration that the order of dismissal made against him was invalid in law being in violation of art.
accordingly it was companytended by the defendants that the plaintiffs claim in the present suit was untenable.
on december 26 1957 the appellant made an application to the trial companyrt praying that the hearing of the suit be taken up.
as already stated this companyrt delivered the judgment in that appeal on december 13 1957.
janardan sharma for the appellant.
in this suit the plaintiff claims on the basis of the decree obtained by him in the earlier suit a sum of rs.
rule 12 4 is in these words 12 4 .
the union of india 2.
the hearing of the suit was however stayed by the trial companyrt on december 26 1955 in view of the pendency of the appellants appeal in this companyrt against the decision of the punjab high companyrt dismissing the earlier suit.
the judgment of the companyrt was delivered by das gupta j. this appeal by special leave raises the question of validity of r. 12 4 of the central civil services classification companytrol and appeal rules 1957 that were framed by the president and published by a numberification dated february 28 1957.
on july 9 he was served with a charge sheet under r. 6 1 of the rules which had been framed by the chief commissioner delhi.
september 25.
