ABDUL GANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit brought by the appellant for a declaration that his removal from service is illegal. He has also prayed for recovery of arrears of salary and allowance. The appellant claims to be a semi-skilled fitter at the Loco Workshop, Northern Railway, Charbagh, Lucknow having 14 years service to his credit. Certain charges of misconduct were levelled against him. These charges were enquired into by means of a departmental enquiry. The charge-sheet dated 16-10-1961 was issued to the appellant. He submitted his explanation. The Inquiry Officer gave his findings against the appellant on 20-6- 1962. A show cause notice was issued. The appellant submitted his explanation but was ultimately removed from his service by an order dated 31-8-1962. The appellant preferred a departmental appeal against the order of removal but the same was dismissed. On these allegations the appellant filed a suit and claimed a declaration that his removal from service was illegal.

(2.) The defendant contested the suit and pleaded that the Departmental Inquiry was held in accordance with the Discipline and Appeal Rules for Non- Gazetted Railway Servants. It was further pleaded that the plaintiff was required to show cause against the proposed punishment after he was found guilty in a departmental proceedings. The plaintiff-appellant submitted his explanation and after his explanation was considered, he was removed from service. According to the respondent, the order of removal from service is legal and valid. On the above pleadings only two issues arise for the consideration of the Court:

(3.) The trial Court by its judgment and decree dated 24-5-1968 dismissed the suit. Against the decree passed by the trial Court, the planitiff filed an appeal before the District Judge which came up for hearing before the Temporary Civil and Sessions Judge, Lucknow. The lower appellate Court by its judgment and decree dated 6-11-1973 upheld the decree passed by the trial Court and dismissed the appeal. The plaintiff aggrieved by the decree passed by the lower appellate Court has come up in second appeal before this Court.