- (1.) This is an appeal on a certificate granted by the Punjab High Court. The appellant joined the Indian Civil Service in 1939 and was governed in matters relating to discipline by the Civil Services (Classification, Control and Appeal) Rules, (hereinafter referred to as the Appeal Rules) made by the Secretary of State for India in Council. He continued in service till the transfer of power under the Indian Independence Act. 1947. Under S. 10 of that Act he continued to serve under the Government of India and was entitled to receive from the Government of Indian or of the Province which he might from time to time be serving the same conditions of service as respects remuneration, leave and pension, and the same rights as respects disciplinary matters or, as the case may be, as respects the tenure of his office, or rights as similar thereto as changed circumstances may permit as he was entitled to immediately before the transfer of power, which took place on August 15, 1947. The same guarantee was extended to the appellant and all member of what were the Secretary of State's Services before. August 15, 1947 by Art. 314 of the Constitution. As the appellant's case is based on that Article we may set it out: "Except as otherwise expressly provided by this Constitution, every person who having been appointed by the Secretary of State or Secretary of State in Council to a Civil Service of Crown in India continues on and after the commencement of this Constitution of serve under the Government of India or of a State shall be entitled to receive from the government of India and the Government of the State, which he is from time to time serving, the same conditions of services as respects remuneration, leave and pension, and the same rights as respects disciplinary matters or rights as similar thereto as changed circumstances may permit as that person was entitled to immediately before such commencement." We shall hereafter refer to such a person as a member of the (former) Secretary of State's Services.
(2.) It appears that the appellant was in the Indian Civil Service cadre in the State of Madras at the time of transfer of power, though later he was transferred to the Punjab. After the transfer of power the Indian Civil Service as a Secretary of State's Service came to an end and thereafter a new Service was constituted known as the Indian Administrative Service. Formal legal shape was given to the new Service after the enactment of the All Indian Services Act, No. LXI of 1951, and the Indian Administrative Service (Recruitment) Rules 1954 (hereinafter referred to as the Recruitment Rules) were framed under Act LXI of 1951. By R. 3 of these Rules, the Indian Administrative Service was to consist of- (a) members of the Indian Civil Service, not permanently allotted to the judiciary; (b) members of the Indian Civil Service permanently allotted to the judiciary who have been holding executive posts from the date of the commencement of the Constitution and who may be declared by the Central Government to be members of the Service in consultation with the State Government; (c) person who, at the commencement of these rules are holding substantively listed posts, other than posts in the judiciary, (d) persons recruited to the Service before the commencement of these rules, and (e) persons recruited to the Service in accordance with the provisions of these rules. The appellant thus became a member of the new Indian Administrative Service by virtue of these rules and continued to serve in the Punjab. In 1955, the Central Government framed the All India Services (Discipline and Appeal Rules, 1955), (hereinafter referred to as the Discipline Rules) which were applicable to all members of the Indian Administrative Service and the Indian Police Service.
(3.) On July 18, 1959 ,the appellant was suspended with immediate effect by the Governor of the Punjab on the ground that a criminal case was pending against him. The order also provided that for the period of suspension the appellant shall be paid subsistence allowance which shall be equal to leave salary which he would have drawn under the leave rules applicable to him if he had been on leave on half average pay with a further provision that in case the suspension lasted for more than twelve months, a further order fixing the rate of subsistence allowance shall be passed. This order appears to have been passed under R. 7 (3) of the Discipline Rules and in consequence there of the appellant remained under suspension.;