Constitution of India, Art. 32-Fundamental Right-Indian Administrative Service (Pay) Rules 1954 r. 9 sub-r. (1)-Declaration of equivalence-Mere violation of rule does not involve infringement of fundamental right.

Constitution of India, Arts. 14, 16-Transfer of acting Chief Secretary to non-cadre posts in the same grade as that of Chief Secretary-Appointment and confirmation of junior in the post of Chief Secretary-Material on record must show that non cadre posts are inferior in status and responsibility.

Indian Administrative Service (Pay) Rules, 1954-Rule 9 sub-rule (1)- Making of declaration sine qua non of exercise of power under sub-rule.

Indian Administrative Service (Cadre) Rules 1954-Rule 4(2)-Scope of second proviso.

Mala fides-Onus-Grave imputations against holder of office with high responsibility Court would be slow to draw inferences from incomplete facts.

The petitioner was a member of the Indian Administrative Service in the cadre of the State of Tamil Nadu. In November, 1969, when the post of Chief Secretary to the State fell vacant the petitioner, as the best suited, was selected for the post. The draft order in regard to the appointment approved by the Chief Minister, the second respondent, stated that the petitioner "is promoted and posted as Chief Secretary vice [R) retiring from service with effect from the after- noon of November 13, 1969". The final order in the name of the Governor, duly authenticated, issued on the same day, stated that the petitioner "is promoted and posted to act as Chief Secretary to Government vice [R] who has been granted refused leave.. "The petitioner was accordingly promoted as Chief Secretary. On the recommendation of the State Government that the posts of Chief Secretary and First Member of the Board of Revenue should be deemed to be in the same category and should be inter-changeable selection posts the Central Government by notification dated January 14, 1970 provided that the pay of First Member, Board of Revenue was to be the same as that of the Chief Secretary. The post of First Member Board of Revenue was thus equated to that of the Chief Secretary in rank and status. By notification dated August 31, 1970 the Government of India enhanced the pay, rank and status of the post of Chief Secretary to that of the Secretary to the Government of India and that post was raised above every other cadre post in the State including the post of First Member, Board of Revenue.

On April 17, 1971 the State Government accorded sanction to the creation of a temporary post of Deputy Chairman in the State Planning Commission in the

grade of Chief Secretary for a period of one year and appointed the petitioner to that post providing that he shall be entitled to the same rank and emoluments as admissible to the post of Chief Secretary. The petitioner did not join this post and went on leave. On the petitioner's return from leave the post of Deputy Chairman was again created for a period of one year in the grade of the Chief Secretary and the petitioner was appointed to that post. Against this the petitioner made a representation that the continuance of the post of Deputy Chairman in the rank of Chief Secretary for a period of more than one year would be invalid under r. 4(2) of the Indian Administrative Service (Cadre) Rules, 1954. Next the State Government created a temporary post of officer on Special Duty for streamlining and rationalising the Sales Tax Act, "in the grade of Chief Secretary to the Government and appointed the petitioner to that post". He did not join this post too and proceeded on leave. After the petitioner was transferred from the post of Deputy Chairman Planning Commission and appointed Officer on Special Duty for revision of Sales Tax laws the State Government abolished the post of Deputy Chairman sanctioned under the earlier order and sanctioned the creation of a new post of Deputy Chairman "in the Grade of First Member, Board of Revenue" on a pay of Rs. 3000/- per month and appointed a First Member of the Board of Revenue to that post. Besides, on the transfer of the petitioner from the post of Chief Secretary a person who was admittedly junior to the petitioner was promoted as Chief Secretary and was confirmed in that post.

The petitioner filed a petition under Art. 32 of the Constitution challenging the validity of his transfer from the post of Chief Secretary, first to the post of Deputy Chairman State Planning Commission and then to the post of officer on Special Duty, on the following grounds: viz. (i) it was contrary to the proviso to r. 4(2) of the Indian Administrative Service (Cadre) Rules, 1954 and r. 9[sub-r.(1)] of the Indian Administrative Service (Pay) Rules 1954; (ii) it violative of Arts. 14 and 16 Was of the Constitution as the posts of Deputy Chairman, State Planning Commission and Officer on Special Duty were inferior in rank and status to that of Chief Secretary; and (iii) that it was made in malafide exercise of power, not on account of exigencies of administration or public service, but be- cause the second respondent was annoyed with the petitioner on account of various incidents referred to in the petition and wanted him out of the way.