UNION OF INDIA Vs. RAM BABU

JUDGEMENT

(1.) This is a second appeal by the Union of India from a decree declaring that the order of plaintiff-respondent's dismissal from service No. C. G. 159l/Con/l dated 15th Jan., 1972 passed by the General Manager, Ordnance and Parachute Factory, Kanpur, is illegal and ultra vires and that the plaintiff continues in service of the Union of India with full benefits on the date of the institution of the suit and further directing the defendant not to give effect to the said dismissal order, "deeming the plaintiff in continuous service."

(2.) The plaintiff-respondent was a labourer in the Ordnance and Parachute Factory at Kanpur. On 6th July, 1971 he was charged along with Satya Narain of gross misconduct, wilful neglect of duty and repeated and deliberate disobedience of the orders of their superiors. A charge-sheet under Rule lq of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, was duly served on the two and enquiry was held under the said rule by Sri H.L. Nayar, who was appointed the inquiring authority. A written reply was filed by the plaintiff-respondent to his charge-sheet. He attended at some hearings before the enquiring authority but moved for charging him with the allegation of bias against him. That request was turned down and the inquiring authority having completed the enquiry he submitted his report holding the plaintiff-respondent guilty of the charge against him. A notice dated 14th Dec., 1971 was thereafter issued to the plaintiff under Clause (4) of Rule 15 of the said C. C. A. Rules by the General Manager of the Factory, who was the Disciplinary Authority. The notice reads as under:

(3.) The plaintiff's case was that the order of dismissal was illegal on the several grounds (i) to (xii) under paragraph 32 of the plaint.