PUSHKAR CHANCIER GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) R. B. Mehrptra, J. Sri Pushkar Chandra Gupta filed a suit No. 204 of 1971 against Union of India in the Court of Civil Judge, Bareilly wherein a relief for a declaration was sought to the effect that the order dated 27-5-1971, passed by the Production Engineer, Railway, Izzatnagar, dismissing the plain tiff from service, be declared as illegal and void and further a relief was claimed for mandatory injunction directing Union of India to continue the plaintiff in service. In addition thereto, a decree tor Rs. 1031-57 paise was also prayed for.

(2.) THE suit was contested by the Union of India, which was arrayed as defendant in the suit. On the basis of the pleadings of the parties, the trial court framed issues. Only following issues are relevant for the decision of the present appeal: "issue No. 4.-Whether the order of plaintiff's dismissal from service dated 21 -5-1971 is illegal, null and void and without proved charges from the reason mentioned in the plaint ? Issue No. 5.-Whether the plaintiff was appointed by Dy. General Manager (Personnel) on 3-9-1958 or by the Senior Personnel Officer ? Issue No. 6.-Whether the provisions of Article 311 (1) of the Consti tution were violated in dismissing the plaintiff ? Issue No. 7.-Whether the plaintiff was not afforded a reasonable opportunity as envisaged under Article 311 (2), and thus the order of dism issal is void ? Issue No. 8.-Whether the production Engineer was competent to dismiss the plaintiff ?" THE trial court dismissed the plaintiff's suit.

(3.) THE facts, necessary for the decision of the appeal, are being succint-ly noticed herein below.