SADHURAM Vs. ENGINEER TELEGRAPHS

JUDGEMENT

(1.) THIS is a petition by Sadhuram under Article 226 of the Constitution of India for a direction in the nature of certiorari to quash the order dated 31-8-1955, removing him from service and for his reinstatement.

(2.) THE petitioner was appointed as a temporary peon in the Ministry of Communication, Post and Telegraphs, by the Additional Chief Engineer, Jabalpur, by order Ex. P. 1, dated 16-3-1951, with effect from 7-2-1951, and was posted in the Office of the Additional Chief Engineer. On 11-3-1953, the Divisional Engineer Telegraphs passed an order Ex. P. 2 to the effect that as the petitioner was appointed on probation for one year with effect from the forenoon of 1-12-1951 and as he had already officiated for one year, he was confirmed in the aforesaid appointment with effect from 1-12-1951 forenoon.

(3.) THE duty of the petitioner was to open and stamp official letters received by post and place them before the Office Superintendent, Shri A. K. Gupta. A cyclostyled letter dated 31-12-1954, regarding promotion and posting of some officers was received by post on 3-1-1955. This was opened by the petitioner, but was not put up before the Office Superintendent. The petitioner had shown this letter to Shri Krishnamurty, Sub-Divisional Officer, Telegraphs. Jabalpur, Shri S. C. Mukerji and some other staff of the Jabalpur Division and kept it in his possession. On 5-1-1955, while opening the letters received by post, he kept the cyclostyled letter received on the 3rd January 1955 with other letters.