UNION OF INDIA AND OTHERS Vs. BANSRAJ SINGH

JUDGEMENT

(1.) This is a second appeal filed by the Union of India and its officers against the appellate judgement and order dated 18.3.1976 passed by the Additional Civil Judge, Azamgarh, dismissing Civil Appeal No. 121 of 1974 filed by the appellants.

(2.) In brief the facts are these ; The plaintiff respondent was appointed as Branch Post Master in a Branch Post Office at Azamgarh on 21.1.1964. He continued on the said post till 4.6.1971. Later on he was served with a charge-sheet levelling the charge that the respondent had wrongly detained and returned to the sender money Order No. 384 dated 24.4.1970. The departmental proceedings started against the respondent on the basis of the above charge-sheet. During the course of enquiry the respondent demanded copies of certain documents including Money Order Form No. 384. Some papers were supplied to him but the papers as demanded including Money Order Form No. 384 were not applied. The respondent, therefore, could not furnish his explanation and ultimately on the basis of the departmental enquiry report the services of the respondent were terminated.

(3.) The respondent after giving due notice under Sec. 80 C.P.C. filed suit No. 60 of 1972 challenging the validity of the termination order on the allegations that the appellants had arbitrarily terminated his services in violation of the Principles of natural justice ; that he was not afforded a reasonable opportunity to defend himself before the departmental enquiry and that he was not given any personal hearing. He prayed for a declaration that the order of termination of his services was illegal, inoperative and void and that he was still continuing in service of the appellant with all benefits.