LAVJEE PUNJA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this appeal under Section 96 of the Civil Procedure Code 1908 (Code for short hereinafter) the appellant/ plaintiff has assailed the judgment and decree passed by the Joint Civil Judge (S. D.) at Junagadh on 2 in Special Civil Suit No. 199 of 1976.

(2.) The appellant herein is the original plaintiff who had to initiate legal battle by filing the above suit against the respondent/original defendant-Union of India for declaration that the order of removal from service passed against him is null and void and resultant relief for arrears of pay and allowance etc. The plaintiff inter alia contended that he was working as a Khalasi-Painter in Traffic Workshop in Western Railway at Junagadh. He was charge-sheeted by the defendant-railway administration alleging that he had committed misconduct by remaining absent from service without permission for a period of about 19 months. Inquiry Officer was appointed. Inquiry was conducted. The plaintiff was found guilty by the Inquiry Officer. The report of the Inquiry Officer was accepted by the Disciplinary Authority. A show-cause notice was issued to him for removal from service. Ultimately an order of removal was passed. Therefore the plaintiff rushed to the court.

(3.) The defendant-railway administration appeared and resisted the suit by filing written statement at Ex. 14 raising various contentions. The defendant inter alia contended that the plaintiff had committed serious misconduct and act of indiscipline and therefore he was punished departmentally under the relevant rules. It was denied that the inquiry/ proceedings were null and void. The action taken by the defendant was defended. The defendant further contended that in view of the serious and grave misconduct and act of indiscipline committed by the palintiff the removal order was justified. Allegations made in the plaint are traversed and the entire suit was challenged.