MAHIPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present second appeal is directed against the judgment dated 06.01.2015 rendered by the learned ADJ-05, Central Distt., Tis Hazari Court in RCA No.9/2010, whereby the learned ADJ has allowed the appeal preferred by the respondent/UOI against the judgment passed by the learned SCJ cum RC (Central), Delhi in Suit No.930/06/82 filed by the appellant/plaintiff.

(2.) The Trial Court had decreed the suit filed by the appellant/plaintiff and declared the departmental inquiry and the consequent penalty imposed upon the appellant to be vitiated on account of breach of the principles of natural justice and violation of rules. Consequently, the appellant was directed to be reinstated with all benefits and he was deemed to be in service. The First Appellate Court reversed the said findings and dismissed the suit of the appellant.

(3.) The brief facts are that the appellant/plaintiff was employed as a Security Guard (SG) at the CISF. At the relevant time, he was posted at Indian Drugs and Pharmaceuticals Ltd. at Rishikesh, Haridwar. A chargesheet was issued to him on 18.09.1979 alleging that he had abandoned his duty post without permission of competent authority on the night of 4/5.09.1979 and obstructed other SGs in performance of their duty. He had prevailed upon SG K.R. Sharma and SG H.C. Mishra to leave their duty post, and go to canteen for taking tea against their wishes, as well as passed on the plant material on the other side of the wall in connivance with SG Rajinder Parshad and SG Shyam Sunder.