UNION OF INDIA Vs. MOHANLAL JATAV

JUDGEMENT

(1.) THE suit, out of which this second appeal by defendants has arisen was instituted by the respondent for declaration that an order dated 1 -5 -1979 terminating his services was entitled to his pay and other benefits for the period from 1 -5 -1979 onwards.

(2.) THE respondent was initially appointed temporarily as anti Malaraia Lascar in Indian Air Force at Gwalior wide order dated 4 -6 -1977 (Ex P -14) He was relieved of that post on 31 -10 -1977 and temporarily absorbed as a labourer (Mazdoo) in E.M.E Workship of the army at Gwalior. The post of labourer was accepted by him vide Ex. D -2. On 30 -4 -1979 the appellant No 2, who the Commanding Officer of the workshop, passed an order (Ex. P -5) terminating the respondent's services. It reads as follows.

(3.) IN the being of the month of April 1979, a departmental inquiry was contemplated against the respondent. Ex. P -7 is the statement of 'articles of charges' framed against him. It reads as follows.