Inder Sain Bakshi S/O Bakshi Anant Ram vs Union Of India, Through Secy. Ministry ... on 29 August, 1967
16. As against these decisions, Shri Saharya invited my attention to the decision of the Punjab High Court in Union of India v. Ram Chand Beli Ram, . In that case, one Subhedar Ram Chand had filed a civil suit for declaration that certain orders discharging him from service were void, illegal and inoperative. A Bench of the Punjab High Court held that such a suit was nto maintainable in a Civil Court under Section 9, Civil Procedure Code. The reasoning was that the plaintiff in that suit was nto a Civil servant, and therefore, was nto entitled to the protection of Section 240 of the Government of India Act or Article 311 of the Constitution and in regard to defense services, the law remained always the same, viz., that a person holds office during the pleasure of the Crown and now the President, and consequently, such suits are impliedly barred on the principle that Courts are nto to countenance matters which are injurious to and against the public weal.