UNION OF INDIA Vs. RAMDHANI PRASAD

JUDGEMENT

(1.) By the present second appeal, the appellant is challenging the judgment and order dtd. 7/12/1990 passed by the learned Additional District Judge, Gorakhpur in Civil Appeal No. 30 of 1989 (Ramdhani Prasad and others vs. Union of India and Others).

(2.) Brief facts of the case are that the respondent in this second appeal was appointed to the post of ''Rakshak' in Railway Police Force by the order dtd. 4/12/1979, under the warrant of the Chief Security Officer. The respondent was thereafter suspended by an order dtd. 15/11/1982, signed by Assistant Commandant No. 7 Battalion, Railway Protection Special Force, Lumding- Assam, without serving him any chargesheet. During the suspension, the respondent shifted to his village where he fell ill and had to be admitted to the Railway Hospital, Gorakhpur from 29/12/1982 to 7/3/1983. In the meantime, a departmental enquiry was initiated against the respondent in his absence on 1/1/1983. On 26/2/1983 a show cause notice was sent to the respondent which returned as unserved due to unavailability of the receiver. On 18/3/1983, the Adjutant/Assistant Commandant, Railway Protection Special Force, Lumding- Assam passed an order of removal of respondent from service. When respondent came to know about his removal order, he appealed it before the Commandent, Railway Protection Special Force, Lumding- Assam, which was dismissed on 7/11/1984.

(3.) Against the said orders, the respondent filed the original suit bearing No. 2662 of 1986 (Ramdhani vs. Union of India and two others) seeking relief that the order dtd. 18/3/1983 passed by the Adjutant, Railway Protection Special Force, Lumding- Assam and order dtd. 7/11/1984 passed by Assistant Commandant, Railway Protection Special Force, Lumding- Assam be set aside and he be declared a member of the Railway Protection Special Force. The suit by the plaintiff-respondent was dismissed. Against the judgment of the Trial Court, the plaintiff-respondent filed an appeal which is decided in his favour. Aggrieved by the order of the first Appellate Court, the defendants have filed this second appeal.