Case: State of Mysore Vs. H.L. Chablani

be urged that the High Court wrongly held that there was a contravention of Art. 311 (2) of the Constitution in this case. Mr. N. C. Chatterji appearing on behalf of the respondent has raised a preliminary objection that in view of the terms of the certificate stated in the order of the High Court dated February 18, 1955, it is not open to the appellant to press the appeal on the ground that Art. 311 was wrongly interpreted by the High Court, without first obtaining leave of this Court under Cl. (3) of Art. 132 to urge that ground, and the appeal must be confined to the ground on which the certificate was granted, namely, if under Art. 226 of the Constitution it is open to the High Court to issue a writ of mandamus against the State Government directing reinstatement of the respondent in the post which he held before dismissal.6. We are of the view that in the facts and circumstances of this case no. substantial question of law as to the interpretation of Art. 311 really arises. It is clear that the High Court in granting a certificate under Art. 132 (1) held, rightly or wrongly, that the case involved a substantial question of law to the interpretation of Art. 226 and not Art. 311 of the Constitution. The effect of that certificate was to enable the appellant to appeal to this Court on the ground that the question of the interpretation of Art. 226 had been wrongly decided by the High Court, and if the appellant wished to appeal on any other ground, he could have moved this Court for necessary leave as required by Cl. (3) of Art. 132. That clause is in these terms :"3. Where such a certificate is given, or such leave is granted, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided and, with the leave of the Supreme Court, on any other ground."It is true that Cl. (1) of Art. 132 states, inter alia, that an appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court, if the High Court certifies that the case involved a substantial question of law as to the interpretation of the Constitution, and normally leave of this Court is asked for under Cl. (3) to urge a point relating to the merits of the case, that is, a point other than a constitutional point. In this case both the points relating to Arts. 311 and 226 are constitutional points; but the High Court proceeded on the footing that in the present case there was really no. substantial question of law as to the interpretation of Art. 311, that interpretation having been settled by decisions of this Court and the only substantial question of law related to the power of the High Court to direct re-instatement. Indeed, Mr. Chatterji has submitted that on the decision of the Federal Court in Krishnaswami Pillai v. Governor General-in-Council, AIR 1947 FC 37 (C), the question whether in a particular case a reasonable opportunity of showing cause against the action proposed to be taken has been given or not must always be a question of fact. We do not think that it is necessary to go as far as Mr. Chatterji wishes us to go; nor is it necessary to decide in this case if Cl. (3) of Art. 132 stands in the way of the appellant. It is conceivable that in a particular case the question of reasonable opportunity of showing cause against the action proposed to be taken may be so inextricably mixed up with the nature and content of the constitutional guarantee under Art. 311 (2) as to be a substantial question of law regarding the interpretation of that Article. The case before us, however, stands on a different footing. Admittedly, the respondent was not asked to show any cause apart from what was stated in the first letter of Government dated August 22, 1951; after the respondent had submitted his explanation and given documentary evidence in proof of his correct age received no. communication from Government except his order of dismissal; at one stage at least Government was inclined to reconsider his case and the Public Service Commission, though they expressed disagreement with the views of Government, do not appear to have considered the entire evidence which the respondent gave in proof of his age. In these circumstances, it is clear to us that there is no. substantial question of law regarding the interpretation of Art. 311, and on the facts the High Court found that the respondent had no. reasonable opportunity of showing cause against the action proposed to be taken in regard to him. We find no. good or compelling reasons for expressing dissent from that view.7. This brings us to the second ground. That ground again has become academic. It is admitted that the respondent was re-instated pursuant to the order of the High Court. On behalf of the appellant it has been submitted that the respondent was merely officiating as Assistant Superintendent of Jails and the order directing his re-instatement in that post would prejudicially affect the right of the State Government to revert the respondent to his substantive post. It was, however, stated on behalf of the respondent that he had already been reverted to his substantive post. It is, therefore, unnecessary to make any pronouncement in this case on the question which is now merely academic, as to what power the High Court has of directing restoration to office on a prayer for a writ of mandamus against Government under Art. 226 of the Constitution; nor do we think that any useful purpose will be served by examining the various decisions and authorities to which Mr. Chatterji has invited our attention on this question, which must be left to be decided on a more appropriate occasion.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]6. We are of the view that in the facts and circumstances of this case no. substantial question of law as to the interpretation of Art. 311 really arises. It is clear that the High Court in granting a certificate under Art. 132 (1) held, rightly or wrongly, that the case involved a substantial question of law to the interpretation of Art. 226 and not Art. 311 of the Constitution. The effect of that certificate was to enable the appellant to appeal to this Court on the ground that the question of the interpretation of Art. 226 had been wrongly decided by the High Court, and if the appellant wished to appeal on any other ground, he could have moved this Court for necessary leave as required by Cl. (3) of Art. 132.It is true that Cl. (1) of Art. 132 states, inter alia, that an appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court, if the High Court certifies that the case involved a substantial question of law as to the interpretation of the Constitution, and normally leave of this Court is asked for under Cl. (3) to urge a point relating to the merits of the case, that is, a point other than a constitutional point. In this case both the points relating to Arts. 311 and 226 are constitutional points; but the High Court proceeded on the footing that in the present case there was really no. substantial question of law as to the interpretation of Art. 311, that interpretation having been settled by decisions of this Court and the only substantial question of law related to the power of the High Court to direct re-instatement. Indeed, Mr. Chatterji has submitted that on the decision of the Federal Court in Krishnaswami Pillai v. Governor General-in-Council, AIR 1947 FC 37 (C), the question whether in a particular case a reasonable opportunity of showing cause against the action proposed to be taken has been given or not must always be a question of fact. We do not think that it is necessary to go as far as Mr. Chatterji wishes us to go; nor is it necessary to decide in this case if Cl. (3) of Art. 132 stands in the way of the appellant. It is conceivable that in a particular case the question of reasonable opportunity of showing cause against the action proposed to be taken may be so inextricably mixed up with the nature and content of the constitutional guarantee under Art. 311 (2) as to be a substantial question of law regarding the interpretation of that Article. The case before us, however, stands on a different footing. Admittedly, the respondent was not asked to show any cause apart from what was stated in the first letter of Government dated August 22, 1951; after the respondent had submitted his explanation and given documentary evidence in proof of his correct age received no. communication from Government except his order of dismissal; at one stage at least Government was inclined to reconsider his case and the Public Service Commission, though they expressed disagreement with the views of Government, do not appear to have considered the entire evidence which the respondent gave in proof of his age. In these circumstances, it is clear to us that there is no. substantial question of law regarding the interpretation of Art. 311, and on the facts the High Court found that the respondent had no. reasonable opportunity of showing cause against the action proposed to be taken in regard to him. We find no. good or compelling reasons for expressing dissent from that view.7. This brings us to the second ground. That ground again has become academic. It is admitted that the respondent was re-instated pursuant to the order of the High Court.It is, therefore, unnecessary to make any pronouncement in this case on the question which is now merely academic, as to what power the High Court has of directing restoration to office on a prayer for a writ of mandamus against Government under Art. 226 of the Constitution; nor do we think that any useful purpose will be served by examining the various decisions and authorities to which Mr. Chatterji has invited our attention on this question, which must be left to be decided on a more appropriate occasion.