RAM KRISHNA DALMIA SHRIYANS PRASAD JAIN JAI DAYAL DALMIA Vs. UNION OF INDIA

JUDGEMENT

(1.) These six several appeals are directed against a common judgment and order pronounced on 29th April 1957, by a Division Bench of the Bombay High Court in three several Miscellaneous Applications under Art. 226 of the Constitution, namely, No. 48 of 1957 filed by Shri Ram Krishna Dalmia (the appellant in Civil Appeal No. 455 of 1957), No. 49 of 1957 by Shri Shriyans Prasad Jain and Shri Sital Prasad Jain (the appellant in Civil Appeal No. 456 of 1957) and No. 50 of 1957 by Shri Jai Dayal Dalmia and Shri Shanti Prasad Jain (the appellants in Civil Appeal No. 457 of 1957). By those Miscellaneous Applications the petitioners therein prayed for an appropriate direction or order under Art. 226 for quashing and setting aside notification No. S. R. O. 2993 dated 11th December 1956, issued by the Union of India in exercise of powers conferred on it by S. 3 of the Commissions of Enquiry Act (LX of 1952) and for other reliefs. Rules were issued and the Union of India appeared and showed cause. By the aforesaid judgment and order the High Court discharged the rules and dismissed the applications and ordered that the said notification was legal and valid except as to the last part of cl. (10) thereof from the words "and the action" to the words "in future cases" and directed the Commission not to proceed with the inquiry to the extent that it related to the aforesaid last part of cl. (10) of the said notification. The Union of India has filed three several appeals, namely, Nos. 656, 657 and 658 of 1957, in the said three Miscellaneous Applications complaining against that part of the said judgment and order of the Bombay High Court which adjudged the last part of cl. (10) to be invalid.

(2.) The Commissions of Inquiry Act, 1952, (hereinafter referred to as the Act) received the assent of the President on 14th August 1952, and was thereafter brought into force by a notification issued by the Central Government under S. 1 (3) of the Act. As its long title states, the Act is one "to provide for the appointment of Commissions of Inquiry and for vesting such Commissions with certain powers". Sub-section (1) of S. 3, omitting the proviso not material for our present purpose, provides :

(3.) In exercise of the powers conferred on it by S. 3 of the Act the Central Government published in the Gazette of India dated 11th December 1956, a notification in the following terms :