UNION OF INDIA Vs. HARI OM

JUDGEMENT

(1.) JUDGEMENT The Union of India, the defendant, has appealed. The suit was for a declaration that the order of the plaintiffs dismissal from service violated Article 311 of the Constitution and was null and void, and for past pendente lite and future salary. The suit has been decreed by both the courts below.

(2.) HARI Om, the plaintiff-respondent, was employed by the Union of India as Sub-post Master at Lesari Gate Post Office, Meerut. At the instance of the Post Master General, Calcutta, the Special Police Establishment enquired into the allegations against the plaintiff that he was putting used postal stamps on parcels etc. sent out from Lesari Gate Post Office. The Lesari Gate Post Office as well as the house of the plaintiff was searched on 8th July, 1953, at which a good number of used stamps were recovered. On the commencement of the police investigation the plaintiff was suspended with effect from 15th July, 1953. The police ultimately did not submit a charge-sheet, but, a departmental enquiry was taken up.

(3.) I may first take up the question whether the charges were vague. The charge-sheet framed the following charges against the plaintiff :-