CHANDAN LAL SAHAJWANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a second appeal against the judgment and decree dated 18.3.1985 passed by the Additional District Judge, Lucknow allowing the Civil Appeal No. 200 of 1984 of the Respondent and setting aside the judgment and decree dated 6.2.1984 passed by the learned Tribunal Court in Regular Suit No. 368 of 1982.

(2.) I have heard Sri. L.P. Shukla advocate for the Appellant and Mohd. Arif Khan advocate for Respondent.

(3.) The Appellant was selected and appointed as Rakshak in R.P.F. in the year 1977. He was under probation which was to expire in June, 1980 but prior to that, he was issued a show cause notice on 22.8.1979 by the Respondent No. 3. After considering his reply, the probation of the Appellant was terminated on 5.9.1979 by the order of Respondent No. 3. The Appellant preferred a departmental appeal which was rejected by the Respondent No. 2 on 14.11.1979. The Appellant then, filed regular suit in the civil court, which was decreed but the decree has been reversed in appeal by the first Appellant court. The impugned order was passed by the Respondent No. 3 in purported exercise of powers conferred on him by Rule 25 of the Railway Protection Force Rules, 1959 . Admittedly, the Appellant had also executed an agreement in the form in Appendix-A to the said Rules in accordance with Rule 23 of the said Rules.