JAGDISH DAJIBA Vs. ACCOUNTANT GENERAL OF BOMBAY

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India for a writ or order or direction, directing respondents 1 and 2 to ignore the order of the President dismissing the petitioner from service and to take him back in service.

(2.) THE petitioner was employed in the Office of the Accountant-General of Madhya Pradesh at Nagpur as Upper Division Clerk. The appointing authority of the petitioner was the Accountant-General, Madhya Pradesh. The petitioner belonged to the civil service of the Union of India, class III, and was holding a permanent civil post under the Union of India. Consequent on the coming into force of the States Reorganization Act (No. XXXVII of 1957), the petitioner's services were allotted to the Account ant-General of Bombay, the respondent No. 1, and since 1-11-1956 the petitioner had been working under the said authority, who thereupon became the authority equal in rank with the petitioner's appointing authority. The respondent No. 2 is the Deputy Accountant-General, Bombay, (Nagpur Branch) while the respondent No. 3 is the Executive Engineer of the Division in which the petitioner was working at the relevant time.

(3.) THE petitioner was served by the respondent No. 3 with an order dated 23-1-1957 passed by the President of India, dismissing the petitioner from service. The order passed by the President is reproduced below :-