PEARSON Vs. UNION OF INDIA

JUDGEMENT

(1.) This is plaintiffs second appeal. He filed the suit out of which this second appeal arises, for a declaration that the order of removal from service passed by the Divisional Medical Officer, Allahabad on 29-3-1967 and also the order passed in appeal by the Divisional Superintendent on July 4, 1967 may be declared void, illegal and inoperative.

(2.) It is not disputed between the parties that the plaintiff, appellant was appointed as a scavenger (Safaiwala) in the Northern Railway Hospital at Allahabad on 25-11-1950 and that he became a permanent employee of the railway, acquiring a substantive right to the post. It is also not disputed that on March 14, 1966 some incident took place between the plaintiff appellant on the one hand and Dr. V. S. Srivastava attached to the Northern Railway Hospital at Allahabad on the other and in that connection a memorandum was given to the appellant on 13-5-66 charging him with misconduct. The details of the misconduct alleged against the plaintiff appellant are not material for the disposal of this second appeal and therefore, need not be mentioned.

(3.) The plaintiff appellant alleged that he submitted his explanation on May 20, 1966 and that he nominated one Sri O. P. Dube Signal Inspector, Northern Railway Mirzapur to represent him, at the enquiry in accordance with R. 1712 of the Indian Railway Establishment Code Volume I., but he was not given the assistance of Sri O. P. Dube on one pretext or the other. He further alleged that he applied for inspection of the documents on 30-7-1966 and repeated the said request by means of letters dated 17-10-1966, 20-10-1966 and 24-10-1966 but he was not given any opportunity to inspect the said documents. The plaintiff appellant made certain other allegations in support of his plea that the orders passed against him by the Divisional Medical Officer and the Divisional Superintendent were vitiated and the said points have also been raised before me. However, for the sake of brevity it is not necessary to refer to those allegations.