ASHOK KUMAR SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal from the judgment/order dated 17-4-79 passed by the learned Assistant District Judge, Purulia in T.S. No. 22 of 1974.

(2.) The plaintiff-appellant had been serving in the office of the Divisional Personnel Officer, Adra under the South Eastern Railway as a temporary cleric with effect from 10-7-59. Since 17-6-63 he started absenting himself continuously from his office on grounds medical and otherwise. After exchange of letters over a long period of time the appellant was charge-sheeted and he submitted his explanation thereto. An enquiry followed in the absence of the appellant. Ultimately by a letter dated 10-5-66 received by the appellant on 13-5-66 the appellant was informed that he had been discharged from service. The appellant appealed against this order to the Divisional Superintendent, South Eastern Railway, Adra. Subsequently, the appellant also moved this High Court under Art. 226 of the Constitution and his matter was numbered as C.O. 5652 (W) of 1970. From an affidavit filed in this matter the appellant came to learn on 30-4-71 that his appeal before the Divisional Superintendent, Adra, South Eastern Railway had been rejected. Thereafter, on 22-3-74 the appellant filed the present suit against the Union of India and others for declaration that he continued to remain an employee under South Eastern Railway and other reliefs.

(3.) The respondents contested the suit by filing written statement wherein they denied ail the allegations and they also urged that the suit was barred amongst others by the law of limitation.