SHRI AMRIT LAL JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiff, who is appellant before us, filed the suit, out of which this appeal arises, on Aug. 30. 1954 for a declaration that his removal from service on Nov. 7, 1952 was wrongful, illegal, void and inoperative and that he was still in service as a clerk, Class II, in the Accounts Sec. of the Divisional Accounts Officer, Northern Railway. This plaint was allowed to be amended and in the amended plaint, which was filed in the trial Court on Aug. 5, 1955, the appellant claimed the very same declaration and also asked for a decree for recovery of Rs. 4,144.00being the aggregate of has salary etc. for the period 29 9- 1950 to 30 8-1954, as detailed in paragraph 8 of the amended plaint.

(2.) The appellant was appointed as a clerk in the Accounts Sec. of Divisional Accounts Officer of Multan of North Western Railway on April 4, 1944. At the time of the partition of the country, he opted for India and was posted at Delhi, where he was confirmed in the permanent grade.

(3.) On Sept. 29. 1950, the appellant was suspended and a charge sheet was delivered to him on May 9, 1951 but.it is not disputed, this charge was withdrawn. However, a second charge sheet was served upon the appellant on June 13. 1952. An enquiry was held against the appellant and he was ordered to be removed from service with effect from Nov. 7, 1952 and it is this removal which was challenged by the appellant in his suit.