UNION OF INDIA Vs. RAM DEO

JUDGEMENT

(1.) The Union of India has appealed from the judgment and decree of the IV Additional District Judge, Kanpur, dated March 19, 1975, allowing the plaintiff-respondent's appeal from the trial Court's decree dismissing his suit. The suit was for a declaration that the continued suspension of the plaintiff-respondent from service after his acquittal, on 13th March, 1973 by the Judicial Magistrate, Kanpur, on a charge for an offence under S. 411 of the I. P. C. is illegal and ultra vires; for a mandatory injunction directing the Union of India "to resume the plaintiff to duty on his post of Darwan of the Ordnance Parachute Factory, Kanpur", and for a further declaration that the disciplinary proceedings taken against the plaintiff-respondent in pursuance of a chargesheet dated 12th July, 1973 by the General Manager of the Ordnance Parachute Factory, Kanpur, are illegal and ultravires, with the consequential relief of permanent injunction restraining the Union of India from conducting or continuing the disciplinary proceedings or taking any action in pursuance of the charge-sheet.

(2.) Of the five issued framed by the trial court the first three issues are material. They are:

(3.) On these issues the trial court found that the ingredients of the charge against the plaintiff-respondent in the disciplinary proceedings, were different from those of the charge in the criminal case; that even if it be assumed that the charge in respect of which the plaintiff-respondent is being proceeded against departmentally is based on the same facts as those on which the charge in the criminal case was based, the departmental enquiry was not barred by the fact of his acquittal in the criminal case, as the same was not honourable; and that, therefore, the Union of India, is well within its rights to proceed with the departmental enquiry against the plaintiff and to continue to keep him under suspension until the conclusion of the departmental enquiry.