CHANDAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a plaintiff's second appeal arising out of a suit for declaring order dated 13-12-1955 of his dismissal from service to be illegal and void and for Rs. 5,820-03 as arrears of pay and allowance.

(2.) The trial court decreed the suit but the lower appellate court has dismissed it.

(3.) The brief relevant facts are that the plaintiff-appellant was an instrument mechanic (electrical) in the 509 Army Workshop. He had initially been appointed as a clerk in the workshop on 5th July, 1945, but became instrument mechanic in December, 1948. He was a trade union worker and on 5th Apr. 1955, was alleged to have pushed a sentry at the gate and addressed the workers after mounting his stool. With regard to this incident a court of inquiry was held and orders for his removal from service were passed on 9-6-1955. On a departmental appeal, however, the appellate. authority remanded the enquiry with a direction that the three defence witnesses not examined earlier should be examined. After remand, these three witnesses were examined and the appellant again was dismissed from service as per order dated 13- 12-1955. An appeal against the order was also dismissed by the appellate authority. Thereafter the suit in question was filed, challenging the order of the dismissal on a number of grounds. It is not necessary to detail these grounds for after adverse decision of the lower appellate court, the learned counsel for the appellant has pressed only three grounds of attack on the order of the dismissal. Two of these pertain to the alleged lack of proper opportunity to defend himself during the inquiry and one to the competence of the authority that passed the order of dismissal. I proceed to examine each one of these points.