UNION OF INDIA Vs. PIARA SINGH

JUDGEMENT

(1.) THIS is an appeal by the Union of India against an appellate decree declaring that the order of dismissal of the plaintiff-respondent was void and inoperative and the plaintiff-respondent continued to remain in the service of the appellant as before. Rs. 943 as arrears of pay were also awarded by the same decree.

(2.) THE plaintiff was skilled fitter working in the Wagon Repairs Shop at Ghaziabad. As a result of some incident the plaintiff was served with charge-sheet dated the 21st of December, 1954. A departmental enquiry took place at which witnesses were examined and the plaintiff was given opportunity to cross- examine the witnesses and adduce defence. The enquiring officer submitted a report to the effect that the charges had been established. Another notice was thereafter served on the plaintiff which runs as follows:

(3.) THERE is no controversy, so far as the first stage is concerned, that no illegality or irregularity had taken place. As regards the second stage, the learned Judge relied on the admitted circumstance that copy of the finding recorded as a result of the enquiry held against the plaintiff was not supplied to the plaintiff-respondent, either along with the second notice to show cause against the proposed punishment, or even thereafter before the order removing the plaintiff from service was passed. The learned Judge relied on a number of decisions which need not be set forward.