UNION OF INDIA AND OTHERS Vs. NAR BAHADUR

JUDGEMENT

(1.) The respondent Nar Bahadur was appointed as a rakshak by the Manager, Partali Workshop Chatgaon in 1946. It was then a workshop of the Assam Bengal Railway. Subsequently on the partition of India, he opted for India and worked as a Rakshak, firstly in East India Railway and thereafter in the Northern Railway. He was removed from the service by way of punishment by the order of Assistant Security Officer, Railway Protection Force, Allahabad dated 30-9-1969. He filed a suit questioning the validity of the said order and praying that order be declared to be null and void and that it be further declared that he continued to remain in the lawful employment of Government of India. The suit was contested by the defendants.

(2.) In the trial court two points arose. One was whether the enquiry proceedings were vitiated on account of violation of principles of natural justice, and the other was whether the impugned order was made in contravention of the provisions of Art. 311(1) of the Constitution. On both the points the trial court recorded findings against the plaintiff and dismissed the suit. In appeal the trial court's judgment and decree have been reversed and the suit has been decreed.

(3.) The only point for consideration in this appeal is whether the Assistant Security Officer was a person competent to pass an order of removal in view of the provisions of Art. 311(1) of the Constitution.