Lord Roche - (1.)This is an appeal against a decree dated 19 December 1933, of the High Court of Judicature at Madras in its appellate jurisdiction affirming a judgment of the High Court in its original jurisdiction dismissing the action of the present appellant, the plaintiff in the action. The action was one claiming damages for wrongful dismissal from Government service and the questions involved were whether the dismissal was in fact wrongful and in breach of the material rules of the service, and if so, whether the suit for damages was maintainable. The facts of the case were these: The appellant in May 1924 was a reader in the Government Press, Madras, and as such reader held office in the Civil Service of the Crown in India. In May 1924, he fell under suspicion of being concerned in a leakage of information in respect of Pleadership Examination papers. The appellant consistently and stoutly denied the charge. The matter was investigated and at first the appellant was directed to vindicate his character in a Court of law. He proceeded to do so by action for libel against a candidate for examination who was said to have informed against him. In this action he ultimately got judgment by default for nominal damages. But before the case was determined the appellant was on 23rd August 1924 suspended, and on 22 September, dismissed from the service. An appeal to the Madras Government by memorial was rejected. The present suit was brought on 17 December 1927. In the plaint, as in the memorial to Government, the appellant, in addition to his arguments as to innocence, in fact complained that the dismissal was contrary to the Statute inasmuch as it was not preceded by any such enquiry as is prescribed by R. 14, Civil Service Classification Rules, made thereunder.
(2.)The material section of the Statute (Government of India Act, 1919), is S. 96-B, which reads as follows: (1) Subject to the provisions of this Act and of the rules made thereunder, every person in the Civil Service of the Crown in India holds office during His Majesty's pleasure, and may be employed in any manner required by a proper authority within the scope of his duty, but no person in that service may be dismissed by any authority subordinate to that by which he was appointed, and the Secretary of State in Council may (except so far as he may provide by rules to the contrary) reinstate any person in that service who has been dismissed. If any such person appointed by the Secretary of State in Council thinks himself wronged by an order of an official superior in a Governor's province, and on due application made to that superior does not receive the redress to which he may consider himself entitled, he may, without prejudice to any other right of redress, complain to the Governor of the province in order to obtain justice, and the Governor is hereby directed to examine such complaint and require such action to be taken thereon as may appear to him to be just and equitable. (2) The Secretary of State in Council may make rules for regulating the classification of the Civil Services in India, the methods of their recruitment, their conditions of service, pay and allowances, and discipline and conduct. Such rules may, to such extent and in respect of such matters as may be prescribed, delegate the power of making rules to the Governor-General in Council or to Local Governments, or authorize the Indian Legislature or Local Legislatures to make laws regulating the public services: Provided that every person appointed before the commencement of the Government of India Act, 1919, by the Secretary of State in Council to the Civil Service of the Crown in India shall retain all his existing or accruing rights, or shall receive such compensation for the loss of any of them as the Secretary of State in Council may consider just and equitable. (3) The right to pensions and the scale and conditions of pensions of all persons in the Civil Service of the Crown in India appointed by the Secretary of State in Council shall be regulated in accordance with the rules in force at the time of the passing of the Government of India Act, 1919. Any such rules may be varied or added to by the Secretary of State in Council and shall have effect as so varied or added to, but any such variation or addition shall not adversely affect the pension of any member of the service appointed before the date thereof. Nothing in this section or in any rule thereunder shall prejudice the rights to which any person may or may have become entitled under the provisions in relation to pensions contained in the East India Annuity Funds Act, 1874. (4) For the removal of doubts, it is hereby declared that all rules or other provisions in operation at the time of passing of the Government of India Act, 1919, whether made by the Secretary of State in Council or by any other authority, relating to the Civil Service of the Crown in India, were duly made in accordance with the powers in that behalf, and are confirmed, but any such rules or provisions may be revoked, varied, or added to by rules or laws made under this section. (5) No rules or other provisions made or confirmed under this section shall be construed to limit or abridge the power of the Secretary of State in Council to deal with the case of any person in the Civil Service of the Crown in India in such manner as may appear to him to be just and equitable, and any rules made by the Secretary of State in Council under sub-s. (2) of this section delegating the power of making rules may provide for dispensing with or relaxing the requirements of such rules to such extent and in such manner as may be prescribed : Provided that where any such rule or provision is applicable to the case of any person, the case shall not be dealt with in any manner less favourable to him than that provided by the rule or provision. 3.
(3.)Amongst the rules made or confirmed under the above section are certain Classification Rules of which the following are the most material : XIII. Without prejudice to the provisions of any law for the time being in force, the Local Government may, for good and sufficient reasons- (1) censure, (2) withhold promotion from, (3) reduce to a lower post, (4) suspend, (6) remove, or (6) dismiss any officer holding a post in a provincial or subordinate service or a special appointment. XIV. Without prejudice to the provisions of the Public Servants Inquiries Act, 1850 in all cases in which the dismissal, removal or reduction of any officer is ordered, the order shall, except when it is based on facts or conclusions established at a judicial trial, or when the officer concerned has absconded with the accusation hanging over him, be preceded by a properly recorded departmental enquiry. At such an enquiry a definite charge in writing shall be framed in respect of each offence and explained to the accused, the evidence in support of it, and any evidence which he may adduce in his defence shall be recorded in his presence and his defence shall be taken down in writing. Each of the charges framed shall be discussed and a finding shall be recorded on each charge. XV. A Local Government may delegate to any subordinate authority, subject to such conditions, if any, as it may prescribe, any of the powers conferred by R. 13 in regard to officers of the subordinate services. XVI. Every officer against whom an order may be passed under Rr. 10, 13 and 15, and who thinks himself wronged thereby shall be entitled to prefer at least one appeal against such order. XXVIII. The Secretary of State may call for any appeal withheld by the Local Government or the Government of India which under the rules may be made to him and may pass such orders as he considers fit; the Governor-General in Council may send for an appeal withheld by the Local Government which under the rules may be made to him, and may pass such orders as he considers fit.