Das Gupta, J. - (1.) This appeal by special leave raises the question of validity of r. 12 (4) of the Central Civil Services (Classification, Control and Appeal) Rules, 1957 that were framed by the President and published by a notification dated February 28, 1957. Rule 12(4) is in these words:- "12(4). Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant is set aside or declared or rendered void in consequence of or by a decision of a Court of law and the disciplinary authority on a consideration of the circumstances of the case, decides to hold a further inquiry against him, on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Government servant shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal removal or compulsory retirement and shall continue to remain under suspension until further order."
(2.) The question arises in this way. On July 1, 1949, the appellant, who was a permanent Sub-Inspector of Co-operative Societies, Delhi, was suspended by the Deputy Commissioner, Delhi. 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. On a consideration of the report made by the officers, who had held an enquiry into the several charges against him the Deputy Commissioner, Delhi, made an order on December 17, 1951 dismissing this appellant.
(3.) 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. 311 of the Constitution of India and for a further declaration that he still continued to be in service of the Government.;