JABUNISHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS second appeal filed under Section 100 C.P.C. is directed against the judgment and decree dated 25.7.1983 passed by Sri Indra Jeet Malhotra, Civil Judge, Mohanlalganj, Lucknow in Regular Civil Appeal No. 346 of 1979 directed against the judgment and decree dated 31.3.1979 passed by Munsiff Havali, Lucknow in Regular Suit No. 41 of 1978.

(2.) BRIEFLY stated facts are that an original suit No. 41 of 1978 was filed by Sajjad Husain for declaration that entire departmental proceeding and order of removal dated 2.4.1975 are illegal inter alia alleging that he was working as Highly Skilled Fitter Grade -I in Northern Railway Carriage and Wagon Shops, Alambagh, Lucknow, he was served with a charge -sheet on 27.9.1974 under Para -3(1)(ii) of the Railway Services Conduct Rules, 1966 alleging that Sajjad Husain (plaintiff) had remained unauthorized absent between 1.4.1974 to 20.9.1974. He filed reply on 8.10.1974 stating therein that his wife was not well, who was treated by the Divisional Medical Officer, Northern Railway, Lucknow as well as private doctors with intimation to the employer. An enquiry officer was appointed and after recording the statement of plaintiff, enquiry was closed. Relying upon the enquiry report and his past conduct, show cause notice was issued on 31.1.1975 proposing the penalty of removal of plaintiff from service. Plaintiff replied the show cause notice on 18.2.1975 but without considering the same, defendants removed the plaintiff from service. Against removal order dated 2.4.1975, an appeal was filed which was also dismissed on 10.9.1975.

(3.) DEFENDANTS , Union of Indian and Railways denied the allegations made in plaint and justified the action. Following issues have been framed: -