MOINUDDIN Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) Facts and circumstances giving rise to this special appeal are that the appellant had been working as a Senior Accounts Clerk in National Cadet Corps Office at Mathura and had been working there since 1967. On 13.7.2002, at about 6 p.m. Police levelled allegation under Section 3/9, Indian Official Secret Act, being Case Crime No. 212 of 2002, P.S. Sadar Bazar, District Mathura and made accused in the aforesaid commission of the crime. A photostat copy of the map of certain other co-accused filed the revision petition before this Court and further proceedings in the criminal case have been stayed vide order dated 19.8.2004. While entertaining the Revision No. 3383 of 2004, Moinuddin v. State of U.P. and Ors. On the same charges, petitioner stood suspended vide order dated 9.8.2002 and vide order dated 23.8.2004, petitioner had been dismissed from service without affording any opportunity to defend. Being aggrieved, petitioner appellant filed the writ petition which has been dismissed as mentioned aforesaid. Hence this appeal.

(2.) This special appeal has been filed against the judgment and order dated 20.9.2004 of the learned Single Judge, wherein the writ petition filed by the petitioner-appellant has been dismissed only on the ground that the protection given under Article 311 (1) may not be available in a case like the instant, placing reliance upon the judgment of the Constitution Bench of the Hon'ble Apex Court in Union of India and Anr. v. Tulsiram Patel, AIR 1985 SC 1416, as the case fall under Clause (2) of Article 311 of the Constitution.

(3.) We have heard learned counsel for the appellant Mr. Pankaj Shukla and Mr. Yadav, learned counsel appearing for the respondents.