1961 (2) TMI 63 - SC - Indian Laws

Supreme Court Allows Civil Engineer's Appeal Against Suspension and Demotion

The Supreme Court allowed the appeal of a Civil Engineer who challenged his suspension and demotion by the Government of Jammu and Kashmir. The Court held ... - Issues:1. Validity of suspension and demotion orders2. Compliance with rules of natural justice during the inquiry3. Applicability of the Public Servants (Inquiries) Act, 19774. Alleged violation of Kashmir Civil Service Rules5. High Court's power under Art. 32(2A) of the Constitution6. Enforcement of fundamental rights, specifically Art. 147. Application of Arts. 226 and 311(2) of the ConstitutionAnalysis:The judgment by the Supreme Court involved a case where a Civil Engineer was suspended and later demoted by the Government of Jammu and Kashmir. The engineer challenged the validity of these actions, alleging that the inquiry conducted by a Commission was not in accordance with the rules of natural justice. He also contended that the appointment of the Commission should have been made under the Public Servants (Inquiries) Act, 1977. Furthermore, he argued that his demotion did not follow the procedure laid down in the Kashmir Civil Service Rules. The High Court, after a detailed debate, upheld the engineer's claims, considering the Rules as having the status of law.Regarding the High Court's power under Art. 32(2A) of the Constitution, the Supreme Court clarified that such power could only be exercised for the enforcement of fundamental rights conferred by Part III of the Constitution. The engineer relied on Art. 14, claiming a denial of equal protection of laws due to the non-compliance with the Kashmir Civil Service Rules. However, the Court opined that a mere breach of law by the Government did not equate to a violation of the right to equal protection of laws, especially when no deliberate discrimination was shown.The Court highlighted that the engineer's petition failed to demonstrate a violation of any fundamental right and, therefore, the High Court had no jurisdiction to act under Art. 32(2A). Additionally, it was noted that Arts. 226 and 311(2) of the Constitution were not applicable to Jammu and Kashmir at the relevant time, eliminating the need to consider their impact on the case. Consequently, the Supreme Court allowed the appeal, emphasizing that no costs were to be awarded in the matter.In conclusion, the judgment delved into the procedural aspects of the engineer's suspension and demotion, scrutinizing the adherence to legal frameworks and the enforcement of fundamental rights under the Constitution. The Court's analysis focused on the specific grounds raised by the engineer, ultimately leading to the allowance of the appeal based on the absence of a demonstrated violation of fundamental rights.