UNION OF INDIA Vs. NIRMAL SINGH

JUDGEMENT

(1.) This Second Appeal has been filed by the Union of India against the decision of the III Additional District Judge, Kanpur, allowing the appeal of the plaintiff-respondent and decreeing his suit for a declaration that his dismissal from service effective from 21-7-1969 passed by the General Manager of Government Harness Factory was illegal and ultra vires.

(2.) The plaintiff joined the service on 4-1-1966 where his father was also employed. On account of some enmity the plaintiff was placed under suspension with effect from 21-1-1969 and was charge-sheeted on 22-1-1959 Reply to the charge-sheet was submitted by him on 3-2-1969 and after investigation of the charges a show cause notice dt. 29-4-1969 was issued by the General Manager to the plaintiff proposing penalty of dismissal from service and calling upon the plaintiff to show cause against it. After the plaintiff made a representation against the show cause notice on 12-5-1969, it was considered by the authorities and finally a dismissal order dt. 21-7-1969 was passed against him by the General Manager dismissing him forthwith

(3.) A number of pleas were taken in defence and the one with which we are concerned at the moment is about the authority of the General Manager to pass the order of dismissal as he was lower in rank than his appointing authority.