MOOT COURT ASSOCIATION

NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

21ST NLIU ANNUAL FRESHERS’ MOOT POOL TOURNAMENT, 2021

DISCLAIMER

This Moot Problem for the 21st NLIU Annual Freshers’ Moot Pool Tournament, 2021 has
been co-authored by Mr. Sahil Sonkusale and Ms. Shreya Shankar (both students of Batch of 2022).

Please note that the Participants are forbidden from making any attempt to contact the
authors for the purpose of the Tournament. The MCA shall penalise the non-compliant
participants, leading to disqualification of the guilty participants from the Tournament.
 21ST NLIU ANNUAL FRESHERS’ MOOT POOL TOURNAMENT, 2021

MOOT PROBLEM

1. Republic of Chakrica (hereinafter “Chakrica”) is a large landlocked country, with the sixth
largest population in the world. It acquired its independence 75 years ago and has been hailed as
the world’s largest democracy. Chakrica is a sovereign democratic state, with a bicameral legislature
at the Central and State level. The Constitution of Chakrica (hereinafter “the Constitution'') was
inspired by several other countries and specifically designed to serve the needs of its people. The
country, after its independence from Jessland, created a robust civil service department. This
department continues to operate in the administrative arena. The functioning of this department
is governed by several acts and rules which have been subject to repeated amendments.

2. Mr. Gorg joined the central police services of Chakrica on the 1st of July, 1982. He was a
distinguished civil servant. He worked within the police administrative sector for more than 35
years and retired as the Director-General of the Border Security Force. During the time of his
employment, he had a stellar record and was the recipient of several accolades for his bravery,
service, and dedication towards the nation. After his retirement, Mr. Gorg started working as a
visiting professor at a renowned university. However, due to the after-effects of the high-stress
working environment during his past employment, he was unable to continue with the teaching
commitment. Post this, Mr. Gorg contacted Dr. Turky, a well-known psychotherapist, and was
diagnosed with post-traumatic stress disorder (PTSD).

3. During the course of treatment, Mr. Gorg authored a book titled “Service to the Nation”
about his experiences in service, and its impacts on his mental health. The book was published on
27th of July, 2021. Over a million copies of the book were sold and it was nominated for the
Booker Prize. One of the chapters specifically dealt with the widespread use of third-degree torture
mechanisms to extract confessions especially from the indigenous population residing in the state
where he was stationed. He also highlighted the flagrant corruption that existed within the policing
bicameral legislation at central and state
ptsd pressures.
system which was often based on political
widespread use of third-degree torture
mechanisms to extract confessions especially from the indigenous
4. Following the publication of the book,
population an investigative
residing in the state journalist Ms. Chhow Kamat
where he was stationed. He also highlighted the flagrant corruption
initiated a private investigation intothat
theexisted
instances mentioned
within in the book. The results of this
the policing
system which was often based on political pressures
investigation were made public and itMs.called intoKamat
Chhow question the actions of several politicians as well
as bureaucrats. initiated a private investigation into the instances mentioned in the
book. The results of this
investigation were made public and it called into question the
actions of several politicians as well
as bureaucrats

© NLIU Moot Court Association I

 21ST NLIU ANNUAL FRESHERS’ MOOT POOL TOURNAMENT, 2021

5. Upon perusal of the book, the Central government, following all procedural requirements
as per law, stopped the pension to Mr. Gorg permanently in pursuance of the amended Rule
8(3A)(a) of the Central Civil Services (Pension) Rules, 1972. This rule was amended in the year
2021 to expand the scope of the words ‘good conduct’ post the period of employment, which is
y in pursuance of the amended Rule
an essential
8(3A)(a) ingredient forCivil
of the Central the Services
continued provision
(Pension) of 1972.
Rules, pension.
This This specifically
rule was amendedincluded
in the year
2021 to expand the scope of the words ‘good conduct’ post the period of employment This specifically
maintaining
includedthe confidentiality of the policies of institutions that deal with the security of the
maintaining the confidentiality of the policies of institutions that deal with the security of the
nation.
nation.
Mr. Vikky
6. regulate legislative
The contents speech
of the book also invited the ire of the State government of Srinika, where
“NBT Committee”
Mr. Gorg had been posted. Several instances mentioned in the book specifically dealt with this
state and its policies on security of the state and the policing system. Furthermore, one of the
opposition leaders Mr. Vikky Chacha in the State legislative assembly of Srinika, utilised this book
to prove widespread issues of police violence in the state and called for systemic changes. In
pursuance of its power to regulate legislative speech, the legislative assembly of Srini constituted a
committee chaired by Mr. Nikunj Banz Tyagi (hereinafter “NBT Committee”). This committee
called Mr. Gorg as a witness and subsequently concluded that he had simply exercised his right
under Art. 19(1)(a) of the Constitution. It also issued a conclusion that specifically mentioned that
the book had no impact on his continued ‘good conduct’.

7. Using this conclusion of the legislative assembly’s committee, Mr. Gorg presented an
appeal to the competent authority, so as to effectuate the continued grant of pension. The
competent authority after consulting with the Union Public Service Commission, however, refused
to acknowledge the findings of the NBT Committee. It argued that the findings of the committee
have no binding value. They have also questioned the competency of the committee to call
witnesses or issue statements or orders in this regard.

8. Aggrieved by this decision of the Central government, Mr. Gorg filed a writ petition under
Art. 32 of the Constitution before the Supreme Court of Chakrica.

9. The Supreme Court has framed the following four issues for hearing in this regard:

1. Whether the writ petition is maintainable before the Supreme Court of Chakrica under
Art. 32 of the Constitution?

2. Whether the exoneration of Mr. Gorg by the NBT Committee formed by the state
legislative assembly is in accordance with the law?
3 assembly ad council

© NLIU Moot Court Association II

 21ST NLIU ANNUAL FRESHERS’ MOOT POOL TOURNAMENT, 2021

3. Whether the amended Rule 8(3A)(a) of the Central Civil Services (Pension) Rules, 1972 is
unconstitutional?

4. Whether the pension of Mr. Gorg can be stopped by the subsequent amendment in Central
Civil Services (Pension) Rules, 1972?

Note:

For the purposes of this Moot Problem, the laws of the country Chakrica are in pari materia with
laws of India, and Indian case laws shall hold the same precedential value as they would before the
Courts of India.

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