B L BHOLA Vs. UNION OF INDIA

JUDGEMENT

(1.) On May 1, 1969 Shri B. L. Bhola, Supervisor, Military Farm. Deviali, was dismissed from service. Through a petition, filed on June 7, 1969, he challenged the order of his dismissal from service.

(2.) The petitioner had joined service as Munshi in a Military Farm, under the Ministry of Defence, on February 1, 1938. He was promoted as Supervisor, Military Farm, Secunderabad, on January 1, 1958. From Secunderabad he was transferred to Pachmari and was relieved on April 25, 1961 for joining his duty at the new place of his posting. At Secunderabad he remained in-charge of the cattleyard from December 26, 1957 to July 24, 1959 and again from January 20, 1961 to April 25, 1961.

(3.) A report was made by the petitioner on April 21. 1961. while he was still posted at Secunderabad. According to that report on the previous night at about 8-45 p.m. he had seen a boy standing near Gawala Matialoo son of Bhimiah. On being asked by him the boy told him that he was younger brother of Matialoo and had brought food for his brother. When he asked the boy to leave the shed after handing over the food to his brother, Matialoo behaved in a very insulting manner towards him and said that the boy had come to hand over his food and not for purposes of stealing milk. The milched milk was, however, not removed by Matialoo to the milk room but was left in the milking pail. For sometime thereafter he remained busy in checking milk yields of animals and testing of milk. During the course of checking he went to buffalo shed number two. What happened there was described in the report as under :-