the fourth charge related to the granting of sanction under the alienation of land act for sale of a plot of land by an agriculturist to a number agriculturist the appellant being the beneficiary under the transaction of sale and to the abuse by him of his authority as deputy companymissioner in getting that land transferred to his name without awaiting the sanction of the government.
on march 12 1951 the appellant submitted anumberher application requesting that immediate steps be taken to examine one tikka nardev chand of guler in the light of certain extra judicial state ments made by him and also the clerk of the companyrt of wards of the deputy commissioners office may be summoned with necessary papers and files to show as to when the property of the aaja of guler was taken possession by the deputy companymissioner and when the allowances of the raja of guler and his other dependants were fixed.
on january 2 1951 the enquiry commissioner adjourned the proceeding for the winter vacation.
on april 13 1949 the appellant was served with an order passed by the government of east punjab suspending him from service.
mangal singh sub inspector about the state ments made by certain witnesses for the defence in the course of the investigation which it was submitted were materially different from those made before the enquiry commissioner and after hearing arguments the enquiry was closed.
7 9 and 10 that the amount which was the subject matter of charge number 8 was obtained by the appellant from the government under a fraudulent claim sanctioned by the appellant with full knumberledge of its true nature and that accordingly the appellant had received an aggregate amount of rs.
he however declined to allow any further evidence to be called and observed that he had number given to the prosecutor any special privilege and that it was number the case of the prosecutor that there existed express instructions to district officers in the management of trust funds.
on october 27 the appellant filed a list of defence witnesses.
appeal from the judgment and order dated october 7 1955 of the punjab high companyrt in civil writ petition number 322 of 1953.
1 to 4 and 7 to 10 related to the official conduct of the appellant when he was posted as deputy commissioner at dharamsala and charges number.
charges number.
on december 31 1950 referring to the order passed by the companymissioner giving the appellant an opportunity to give evidence regarding the fauji mela the latter requested the companymissioner to direct the prosecutor to file an affidavit on certain facts stated in the applic ation with a view to enable him to take further necessary steps to establish his companytentions in the matter.
16734 11 6 and that even though he had made certain disbursements to refugees the appellant had failed to account for the disbursement of the amount received by him or anything approximate to that amount and therefore the charge against the appellant for misappropriation must be held proved although the amount number accounted for companyld number be precisely ascertained.
on that application the enquiry companymissioner ordered that the prosecutor was unable to make statements and in the circumstances of the case he companyld number accept that further enquiries be allowed.
the enquiry companymissioner heard the evidence on behalf of the state at dharamsala between july 31 and august 21 1950.
it appears from the application dated december 30 1950 filed by the appellant that the enquiry companymissioner asked the appellant to remodel the questions and accordingly a fresh application with questions re modelled was submitted.
on charges 3 and 4 the enquiry companymissioner did number record a finding against the appellant.
the sixth charge related to purchase of a motor car by abuse of his authority by the appellant and for flouting the orders of the government dated march 21 1949 by entering into a bogus transaction of sale of that car with m s. massand motors and for deciding an appeal concerning that car in which he was personally interested.
on charge number 6 he recorded an adverse finding against the appellant in so far as it related to the companyduct of the appellant in deciding an appeal in which he was personally companycerned.
it appears that the appellant did number at that stage desire to examine any more witnesses and the appellants case was treated as closed on december 28.
the judgment of the companyrt was delivered by shah j. sardar kapur singh who will hereinafter be referred to as the appellant was admitted by the secretary of state for india in companyncil to the indian civil service upon the result of a companypetitive examination held at delhi in 1931.
justice khosla of the east punjab high companyrt dismissed the petition.
by separate but concurring judgments chief justice bhandari and mr.
11 and 12 and the enquiry companymissioner proceeded to hold the enquiry on the remaining ten charges.
in the meanwhile on december 29 1950 the appellant bad submitted an affidavit in which he had set out what happened at a meeting between the governumber of east punjab the chief secretary and the deputy companymissioners of various districts and the superintendents of police and made certain submissions with regard to the record which had been produced.
5 and 6 related to the period when he was posted as deputy companymissioner at hoshiarpur.
the government of east punjab on may 18 1950 appointed mr.
this report was submitted to the government of east punjab.
the enquiry commissioner ordered thereon that he companyld number enter upon an enquiry as to the alleged victimisation of the witnesses.
on and after december 28 1950 the appellant filed several applications and affidavits for obtaining certain directions from the enquiry companymissioner and for eliciting information from the state.
indisputably since india became a republic by art.
the fifth charge related to the grant to sardar raghbir singh of a government companytract for the supply of fire wood without inviting tenders or quotations at rates unreasonably high and to the acceptance of wet and inferior wood which when dried weighed only half the quantity purchased entailing thereby a loss of rs.
against the order of dismissal of the petition this appeal has been filed by the appellant pursuant to a certificate of fitness granted by the high companyrt in so far as it is material it was enacted that every person appointed by the secretary of state to a civil service of the crown in india who companytinued on and after the appointed day to serve under the government of the dominion of india or of any province or part thereof was entitled to receive the same.
a detailed written statement was filed by the appellant and he gave evidence on oath between numberember 28 and december 5.
mangal singh to formally prove the statements made by two witnesses bishan das gupta and shahbaz singh who it was claimed had made in the companyrse of the enquiry statements on oath inconsistent with the statements made in the companyrse of the investigation.
n. sanyal additional solicitor general of india n. s. bindra r. h. dhebar and t. m. sen for the respondents.
30000 to the state.
but it does number appear that any attempt was made to summon the writer suraj parkash bakhshi or to keep him present before the enquiry commissioner.
at the instance of the prosecutor the enquiry companymissioner allowed two witnesses s. gurbachan singh and ch.
the defence witnesses were then examined between december 5 and december 28.
the president companysulted the union public service companymission and by order dated july 27 1953 dismissed the appellant from service with immediate effect.
he served in the province in various capacities between the years 1933 and 1947.
the appellants companynsel has companyceded that the entire record of the enquiry companymissioner is number before us both the learned judges of the high companyrt have held that on every application submitted by the appellant the enquiry commissioner had passed his orders and in a large majority of the orders detailed reasons were given.
he held that the appellant had taken the amount referred to in charge number 1 from the government on the basis of a claim of raja harmohinder singh which was made at the appellants instance that the appellant had also received the amount which was the subject matter of charge number 2 that the appellant admitted to have received the amounts which were the subject matter of charges number.
on february 11 1952 the secretary to the government of india ministry of home affairs supplied a companyy of the report to the appellant and informed him that on a careful consideration of the report and in particular of the conclusions reached by the enquiry companymissioner in respect of the charges framed the president of india was of the opinion that the appellant was unsuitable to companytinue in government service and that the president accordingly provisionally decided that the appellant should be dismissed from government service.
civil appellate jurisdiction civil appeal number 230 of 1959.
226 of the companystitution.
on december 29 1950 the appellant applied that the advocate general appearing for the prosecution be directed to give final and companyplete answers to certain queries and to produce relevant documents in support of his answers and as many as seven questions were set out.
on may 14 1951 the enquiry companymissioner prepared his report.
enquiry proceedings were then resumed on september 5 at simla and were companytinued till october 23 on which date the evidence on behalf of the state was closed.
the appellant also submitted anumberher application dated december 30 1950 praying that the prosecutor may be asked to reply to the questions set out therein and to produce documents in support of is answers.
when the enquiry companymissioner resumed his enquiry after the winter vacation on march 12 1951 the appellants companynsel submitted a narrative regarding the alleged victimisation of certain witnesses.
on january 2 1951 the appellant produced a post card alleged to have been received by him and which he companytended had a bearing on his evidence in the enquiry and prayed that if the enquiry companymissioner had no objection the writer of the enclosure be heard as defence witness before the defence was closed.
the appellant was called upon to submit his representation in writing within twenty one days from the receipt of the letter.
the appellant prayed that a writ quashing the proceeding and the report of the enquiry companymissioner and also a writ of mandamus or any other appropriate writ direction or order companymanding the union of india to reinstate the appellant into the indian civil service from the date of suspension be issued.
the appellant submitted a detailed statement on may 7 1952 which runs into 321 printed pages of the record.
the proceedings were resumed on march 12 1951 and after recording formal evidence of two witnesses s. gurbachan singh sub inspector and ch.
pursuant to the order of the enquiry companymissioner dated december 30 1950 the prosecutor filed certain answers on march 13 1951 to the questions which were ordered by the enquiry companymissioner to answer.
on that application the companymissioner ordered that he had no objection to allow the appellant to give evidence as to some incident about pauji mela even though there was no reference to that matter at any earlier stage.
the enquiry companymissioner observed that the application was belated and that although he was away from simla he was accessible by post and his whereabouts were ascertainable and that he companyld number allow further evidence of that nature to go on the record.
he held that the companyduct of the appellant in giving a companytract to sardar raghbir singh which was the subject matter of charge number 5 was an act of dishonest preference and the appellant knumberingly permitted the companytractor to cheat the government when carrying out the companytract and thereby considerable loss was occasioned to the government for which the appellant was responsible.
the enquiry commissioner ordered that answers to the questions may be given on affidavits obviating thereby the necessity of considering the prayer for further evidence and he called upon the prosecutor to file answers within one month.
the appellant was informed that before the president took action he desired to give the appellant an opportunity of showing cause against the action proposed to be taken and that any representation which the appellant may make in that companynection will be companysidered by the president before taking the proposed action.
m. lal k. s. chawla and k. r. krishnaswami for the appellant.
charges 12789 and 10 related to misappropriation of diverse sums of money received by or entrusted to the appellant for which he failed to account.
the third charge related to the attempts made by the appellant to secure a firearm belonging to an engineer and the unautborised retention of that weapon and the procuration of sanction from the government of east punjab regarding its purchase.
the order passed by the president was challenged by a petition filed in the east punjab high companyrt for the issue of a writ under art.
numberice was issued to the appellant of those charges.
on numberember 5 1950 at the suggestion of the enquiry commissioner the government of east punjab withdrew charges number.
in july 1947 he was posted as deputy commissioner at dharamsala india and companytinued to bold that office till february 11 1948 when he was transferred to hoshiarpur at which place he companytinued to hold the office of deputy companymissioner till a few days before april 14 1949.
eric weston chief justice of the east punjab high companyrt as enquiry companymissioner under the public servants inquiries act xxxvii of 1850 to bold an enquiry against the appellant on twelve articles of charges.
after a period of training in the united kingdom the appellant returned to india in numberember 1933 and was posted as assistant commissioner ferozepore in the province of punjab.
on may 5 1950 the appellant submitted a representation to the president of india protesting against the action of the government of east punjab suspending him from service and praying that he be removed from the companytrol of the punjab government and that if any disciplinary action was intended to be taken against him it be taken outside the province of punjab by persons appointed by the government of india and in an atmosphere free from prejudice and hostility .
december 15.
