DILBAGH RAI JARRY Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by special leave is directed against the order dated November 4, 1965, of the High Court of Judicature at Allahabad dismissing the appellant's writ petition under Articles 226 and 227 of the Constitution in limine.

(2.) The appellant was a Guard 'C' Grade in Northern Railway. He was confirmed in that post in 1952. On April 3, 1955, an incident took place at Railway Station, Kalka, as a result of which, he was prosecuted for an offence under S. 509, Penal Code. The Additional District Magistrate, Ambala convicted and sentenced him on December 29, 1955, to three months' simple imprisonment. His appeal was dismissed by the Court of Session. In Revision, the High Court of Punjab, on March 5, 1956, maintained his conviction but reduced the sentence.

(3.) On April 2, 1956, the appellant received a communication from the Divisional Personnel Officer, Northern Railway that he had been dismissed by the Divisional Superintendent from service w.e.f. March 31, 1956.