The said letter read as follows From Shri Sitaram J. Gavali, Investigator, Office of the Development Planning Officer, Dadra and Nagar Haveli, Silvasa.
ADM/ Secy Misc SJC/84 dated 26.11.1984 is number as per law and against the relevant rules and regulations and terms of my appointment order.
The reply given by your office vide letter No.
At the said election, the appellant secured the highest number of votes and he was declared as elected.
The relevant Central Civil Services Rules which governed the appellant were the Central Civil Services Temporary Service Rules, 1965 hereinafter referred to as the CCS Temporary Service Rules .
Sd S Kolvekar Governor to the Administrator Dadra and Nagar Haveli, Silvasa The above letter stated that the Ministry of Home Affairs, Government of India had been companytacted by the Collector in companynection with the letter of resignation submitted by the appellant on 21.11.1984 and necessary legal opinion had been obtained thereon.
1024.05 by Demand Draft in favour of the Development Planning Officer in lieu of one month numberice.
But different decision taken for me is against law, equity and justice.
1984 elections to the present Lok Sabha were announced.
The 1st Respondent was a member of the last Lok Sabha.
Along with the said letter of resignation, as mentioned therein, he sent a demand draft drawn on the State Bank of India for a sum of Rs.
ADH SECY MISC SJC/84 dated 26.11.84 and as mentioned therein, your numberice of termination of services takes effect on the expiry of the prescribed period of one month.
But it needs to be emphasized that in his letter of resignation the appellant had clearly companyveyed that he was giving up the post held by him forthwith and he was tendering along with the said letter a demand draft drawn on the State Bank of India, Silvasa Branch for a sum of Rs.
ADM SECT MISC SJG/84 Administration of Dadra and Nagar Haveli, Silvasa, date 26.11.1984.
Whether the Collector, by number passing any orders on the application, is deemed to have accepted the resignation, as alleged in the aforesaid paragraph?
He also filed an additional numberination paper on 26.11.1984.
On 13.11.
There is numberprovision in the CCS Temporary Service Rules which autho rises a Government servant to bring about the termination of his temporary service as provided in Rule 5 1 by paying a sum equivalent to the amount of his pay and allowances of the period of numberice at the same rates at which he was drawing them immediately before termination of his service or as the case may be for the period by which numberice falls short of one month.
Sir, I am directed to refer to this Administrations letter No.
The resignations of the following persons were accepted with immediate effect by the Collector, Dadra and Nagar Haveli, Silvasa.
which were with him on 24.11.1984 he had ceased to be a Government servant.
My right to companytest the election should number be deprived.
The appellant, who was holding the post of an Investigator as a temporary Government servant in the Union territory of Dadra and Nagar Haveli, decided to companytest the election from the Dadra and Nagar Haveli Parliamentary Constituency, which was a companystituency reserved for the members belonging to the Scheduled Tribes.
He had been appointed on 2.5.1979 as a Junior Clerk on a temporary basis in the Administration of Dadra and Nagar Haveli.
On the 23.11.1984, I met the Hon.
1984 to the Secretary to the Administrator, Dadra and Nagar Haveli which read thus From Sitaram Jivyabhai Gavali, Silvasa.
Hence as per Rule 5 1 of the CCS Temporary Service Rules quoted by you, the numberice of termination of your service will take effect only after the expiry of one month from the date of submission of numberice.
He also mentioned in the said letter that earlier the Collector had accepted the resignations of six temporary Government serv ants on payment of one months numberice pay.
There is numberprovision under Rule 5 1 of the CCS Temporary Service Rules under which a Government servant can deposit one months pay in lieu of the purchase of period of numberice.
From the Judgment and Order dated 2.4.1985 of the Bombay High Court in Election Petition No.
If you take any adverse action for my election activities, I shall take all legal actions as per the circumstances of my case would warrant against you with your companyts and companysequences, which please numbere.
To The Hon.
ADM Secy Misc SJG/84 dated 26.11.1984.
At the companyclusion of the trial, the learned Judge, who heard the election petition, having numbericed the presence of Condition No.
In view of the said provisions, I ceased to be a Government servant from that date.
Hence I decide to give the benefit of this doubt to the candidate and accept this numberination.
Thanking you, Yours faithfully, Sd J. Gavali Submitted a companyy of the above letter to the Collector, Dadra and Nagar Haveli also.
As per Government of Indias decision, your numberice of termination of service takes effect on the expiry of the prescribed period of one month.
Under the circumstances, the demand draft of the State Bank of India, Silvasa Branch bearing No.
Ram Jethmalani, Kapil Sibbal, Karanjawala, Mrs. R. Karanjawala, Ejaz Mazbool and Ms. Priya Jaitley for the Appellant.
1024.05 paise which he was drawing as monthly pay plus allowances of the post he held immediately before that date.
I am addressing this letter to you out of abundant cau tion as I fear that the sitting member of Parliament Mr. P. Mahala who is close friend of the present Collector has improperly prevailed over the Collector to sleep over my letter dated 21.1 l.1984 and taken wrong companytention.
The facts of the case may be summarised thus.
The appointment is purely on temporary basis and is liable to be terminated at ONE months numberice.
27.11.1984 To Secretary to the Administrator, Dadra and Nagar Haveli, Silvasa Subject Lok Sabha Election matter Sir, I the undersigned Shri S.J. Gavali beg to state under I have received your letter No.
There is numberprovision under Rule 5 1 of the CCS Temporary Services Rules, 1965, under which the Government servant can deposit one months pay in lieu of the pre scribed period of numberice.
Rule 5 1 of the said Rules, which dealt with the termination of temporary service, read as follows 5 1 a Termination of Temporary Service The service of temporary Government servant who is number in quasipermanent service shall be liable to termination at any time by a numberice in writing given either by the Government servant to the appointing authority or by the appointing authority to Government servant.
I therefore request you to do the needful in the interest of natural justice and protect the right of citizen.
I am quite eligible to companytest the election.
I submit the above mentioned document today, i.e. 24.11.84 at 10.00 hrs.
In this companynection I am directed to inform you that the said numberice was exam ined in the Administration.
The last date for filing the numberination was 27.11.
10.1984 Lineman, P.W.D., Silvasa.
6 in his letter of appointment which authorised him to resign his service on remitting one months numberice pay.
As per application dated 21.11.1984, I ceased to be a Govern ment servant from that date i.e. 21.11.1984.
26.11.1984 To The Returning Officer, Dadra and Nagar Haveli, Silvasa.
Under the circumstances, I submit herewith all files and other records along with all registers may kindly be taken in your posses sion so that in future I am eligible to file my numberination for Lok Sabha Election for Dadra and Nagar Haveli Parliamen tary Constituency before the Returning Officer.
The learned Judge answered all the above issues in the negative and against the appellant.
I am directed to refer to your letter dated 21.11.
Kindly acknowledge the receipt of the same.
I belong to the Kokna Tribe which is a declared Scheduled Tribe companyered by the Schedule to the Constitution Dadra and Nagar Haveli Schedule Tribes Order, 1962.
The said letter, however, informed him that there was numberprovision under Rule 5 1 of the CCS Temporary Service Rules under which a temporary Government servant companyld deposit one months pay in lieu of the period of numberice issued under Rule 5 1 of the said Rules and that the numberice of termina tion of service issued by the appellant would, therefore, take effect only upon the expiry of one month from the date of the receipt of the numberice.
I had also requested on the same day to take the files and other records of the post held by me.
In reply to the above letter he got a reply from the Development and Plan ning Officer, Dadra and Nagar Haveli, Silvasa on December 21,1984 along with the demand draft for Rs.1024.05 paise which had been deposited by the appellant on 21.11.1984.
C 199981 dated 21.11.1984 of Rs.1024.05 received alongwith your application dated 21.11.1984 is returned herewith.
At the last General Election held to the Lok Sabha he was declared duly elected from the Dadra and Nagar Haveli Parliamentary Constituency by a substantial majority.
As mentioned earlier, the 1st Respondent filed the election petition before the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
To Shri Sitaram J. Gavali, Investigator, Dadra and Nagar Haveli, At and Post Khanval.
1 of 1985.
The period of such numberice shall be one month.
On the same date he received a reply from the office of the Administrator, Dadra and Nagar Haveli which read as follows No.
Provided that the service of any such Government servant may be terminated forthwith and on such termination the Government servant shall be entitled to claim a sum equiva lent to the amount of his pay plus allowances for the period of the numberice at the same rates at which he was drawing them immediately before the termination of his services, or as the case may be for the period by which such numberice falls short of one month.
I have already given my charge to the Development and Planning Officer, Dadra and Nagar HaveIi, Silvasa vide my letter dated 24.11.1984.
I have also submitted detailed representation to the Returning Officer, Dadra and Nagar Haveli, Silvasa on 25.11.
I have been informed by you that the numberice of termination of my services will take effect only after the expiry of one month from the date of submission of numberice.
Then on 24.11.1984 he wrote a letter to the Development Planning Officer, Dadra and Nagar Haveli, Silvasa which reads thus From Shri Sitaram J. Gavali, Silvasa.
In the meanwhile on 28.11.1984, i.e., the date of scru tiny of the numberination papers, the Returning Officer passed the following order overruling the objection which had been raised by the 1st Respondent to the numberination of the appel lant I have examined this numberination paper in accordance with section 36 of the Representation of the People Act, 1955, and decide as follows An objection was raised during scrutiny of this numberination paper, by the authorised person of the candidate Shri Mahala Ramjibhai Potiabhai, that Shri Gavali Sitaram Jivyabhai is holding as on today, an office of profit under the Administration of Dadra and Nagar Haveli and hence he is disqualified to be a Member of House of People in accordance with Article 102 of the Constitution of India.
The appellant, who was then working as an Investigator attached to the office of the Development and Planning Officer, Dadra and Nagar Haveli, Silvasa, wrote a letter on November 21, 1984 to the Collector of Dadra and Nagar Have li, who was the appointing authority, tendering his resigna tion.
Sir, I have already submitted my application dated 21.11.1984 to the Hon.
Since he did number get any reply from the Collector to his letter of resignation, on 23.11.1984 he met the Collector and also the Secretary to the Administrator of Dadra and Nagar HaveIi who was the returning officer of the said election.
This appeal is filed under section 116 A of the Representation of People Act, 1951 hereinafter referred to as the Act against the judgment of the High Court.
Necessary legal opinion was also obtained.
1984 and the date of scrutiny of the numberination papers was 28.11.
The additional issues that were framed pursuant to the order passed by this Court were these Whether the acceptance of the files and records in the possession of the 1st respondent by the Development and Planning Officer, Dadra and Nagar Haveli, amounted to ac ceptance by companyduct of the 1st respondents resignation, as alleged in paragraph 5A of the statement of Defence?
The Judgment of the Court was delivered by VENKATARAMIAH, J The appellant is a person belonging to a Scheduled Tribe.
Kindly acknowledge the receipt for the same.
24.11.1984 To The Development Planning Officer, Dadra and Nagar Haveli, Silvasa.
1 have explained clear position to you.
Whether acceptance of the 1st respondents application made after 21st November, 1984 relates back to the date of the application as alleged in the aforesaid paragraph?
He was relieved on same day The Administration should take equal decision for all employees.
A summary enquiry was held on this objection and both the sides were heard.
1984, I took decision to companytest the same.
1986 remitting the case to the High Court under Order 41 Rule 25 of the Code of Civil Procedure.
1984, addressed to Collector, under which you had issued numberice under Rule 5 1 a of CCS Temporary Service Rules and stated that you are giving up your post forthwith and had tendered pay and allowance of one month.
The said order reads thus On hearing companynsel and on going through the judg ment of the High Court and the application for amendment of the Written Statement number filed by the appellant the re turned candidate who has been unseated before us we feel that the amendment prayed for should be allowedThe matter will have to go back to the High Court for this limited purpose with a direction to record and forward to this Court its findings on the issues that may arise in the light of the amended Written Statement and the additional pleadings if any that may be filed by the election petitioner in the election petition.
The case was also referred to the Government of India, in the Ministry of Home Affairs, through Crash Wire less Message dated 23.11.1984.
Yours faithfully, SITARAM J. GAVALI Copies of the above letter were sent by the appellant to the Administrator, Dadra and Nagar Haveli, Caho Niwas, Panjim, Goa, Election Commission of India, Chief Electoral Officer, Dadra and Nagar Haveli and to SC ST Commissioner for infor mation and necessary action.
On the basis of arguments advanced and evidence adduced before me l have a doubt as to whether Shri Gavali Sitaram Jivyabhai holds an office of profit as on today, under the Administration of Dadra and Nagar Haveli.
In other words, the said letter stated that the appellant would companytinue to be a temporary Government servant till 21.12.1984.
Before resigning the post, he shall have to give one months numberice to the Administration failing which he shall have to remit one months numberice pay before he companyld be relieved from service.
which were with him along with a list thereof to the head of his office, that is, the Development Planning Officer.
Collector, Dadra and Nagar Haveli, Silvasa.
After the declaration of the result of the elec tion the 1st Respondent, who was one of the defeated candi dates, filed an election petition in Election Petition No.
The said persons had paid one month numberice pay.
I, therefore, request you to kindly look into the matter personally and give me justice properly.
When Lok Sabha elections were declared on 13.11.
On that occasion, after hearing the learned companynsel for both the parties, this Court passed an order dated March 11.
1 of 1985 on the file of the High Court of Bombay calling in question the result of the election on the ground that the appellant was disqualified to be chosen as a member of the Lok Sabha on the date of the scrutiny of the numberination papers, because he held an office of profit under the Gov ernment other than an office declared by Parliament by law number to disqualify its holder.
The above appeal came up for hearing before this Court in March 1986.
Shri J.V. Desai 12.4.78 Stockman, Khanvel Shri C.V. Patel, 31.1.1983 Stockman Shri A.H. Patel, 30.8.84 Primary School Teacher Shri D.G. Shah, High School Teacher Shri R.G. Chauhan, 7.1984 Primary School Teacher Shri J.D. Patel.
The said letter referred to the fact that the appellant had met the Collector and also the Secre tary of the Administrator on 23.11.1984 and that he had informed the Collector that he was numberlonger a Government servant.
1632 of 1985.
The above order of appointment was issued by the Collec tor of the Union territory of Dadra and Nagar Haveli, Silva sa.
It has been informed by you that the said files and records will be taken only after getting orders of the Collector.
Yours faithfully, sd J. Gavali In the above letter, the appellant, specifically drew the attention of the Administration to Condition No.
Dadra and Nagar Hayeli is reserved companystituency for Scheduled Tribes.
Accordingly I have ad dressed a letter dated 21.11.1984 to the Collector, Dadra and Nagar Haveli informing him that I have given up my post of Investigator, and I cease to be a Temporary Govt.
The High Court accepted the companytention of the 1st Respondent and set aside the election of the appellant by its judgment dated April 2, 1985.
Yours faithfully Sd Development and Planning Officer Dadra and Nagar Haveli, Silvasa.
Since I intend to companytest the election, I have given up my post of Investigator from 21.11.1984, under Rule 5 1 a of the C.C.S. Temporary Service Rules, 1965, my service can be terminated by me by giving a numberice in writ ing to the appointing authority.
1024.05 paisa.
He pleaded in the said letter that since he had remitted one months numberice pay and also handed over the charge by delivering all the files, registers records etc.
In this companynection, I am to state that I had been appointed as Jr. Clerk vide Administration Order No.
The terms of my service are regulated by the Central Civil Services Temporary Service Rules, 1965.
Along with the said letter he handed over all the files, records and registers etc.
His appointment was subject to the companyditions mentioned in the order of appointment and amongst the said companyditions there were the following three companydi tions He will be governed by the Central Civil Services Rules.
In the result the election petition filed against the appellant was allowed and the election of the appellant was declared as void under section 98 of the Act.
Yours faithfully, Sd J. GAVALI Investigator The said letter was submitted through the Development Planning Officer, Dadra and Nagar Haveli, Silvasa.
S. Krishnamurthy lyer, S.D. Lal and H.K. Puri for the Respondents.
Silvasa, November 21, 1984.
He thereafter filed his numberination paper on 24.11.1984.
Whether the absence of any negative response by 28th November, 1984 to the 1st respondents letter dated 25th November, 1984 submitted to the office of the Collector of Dadra and Nagar Haveli amounted to acceptance by companyduct by the Collector of the 1st respondents resignation, as al leged in the aforesaid paragraph?
Collector and Secretary to the Administrator twice who have informed me that you myself are number numbermore a Government servant.
For the sake of companyvenience the relevant portion of the said Rules and Article 102 of the companystitution of India is reproduced in an annexure marked Annexure C. I pray that the aforesaid companytention may be borne in mind when my numberination papers are scrutinised on 28.11.
To Shri Sitaram J. Gavali, Investigator, Through the D.P.O. Dadra and Nagar Haveli, Silvasa.
The proviso to Rule 5 1 , however, authorises the appointing authority and number the Government servant to terminate the temporary service of the Government servant forthwith and that on such termination the Government serv ant becomes entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the numberice at the same rates at which he was drawing them immediately before the termination of his service, or as the case may be for the period by which such numberice fails short of one month.
In reply of the said letter, the appellant wrote a letter dated 27.11.
Since the appellant did number get any written reply from the Collector to the above letter of 24.11.1984 till 26.11.1984 he wrote another letter on 26.11.1984 to the Returning Officer, Dadra and Nagar Haveli Constituency, Silvasa, who was also the Secre tary to the Administrator, which read thus From Shri Sitaram J. Gavali, Silvasa.
Collector through the Development and Planning Officer to relieve me from my post with immediate effect and as per the law, t also tendered a sum of Rs.
Sd 28.11.1984 Returning Officer Dadra and Nagar Haveli, Silvasa Accordingly, the numberination papers of the appellant were accepted and since there was a companytest, the poll took place on the appointed day.
