RAGHUNANDAN LAL BHASIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is second appeal by Raghunandan Lal Bhasin against the Union of India through the General Manager, Northern Railway, New Delhi. The appeal is directed against the judgment of Shri C.G. Suri, Additional District Judge, Ludhiana dated April 22, 1960 confirming the judgment of Shri Adish Kumar, Sub Judge Ist Class, Ludhiana, dated March 31, 1959 dismissing the suit of the plaintiff.

(2.) The case of the plaintiff is that he was employed as a Fitter Khalasi on August, 1952 at Ferozepur in the Northern Railway, that he appeared on May 12, 1953 before the Selection Board for appointment to a permanent post, that he was selected on June 26, 1953 and that on completion of period of probation of one year, he was automatically confirmed on August 17, 1953. The plaintiff was removed from service by order dated September 28, 1953 by Shri Ram Partap, Assistant Personnel Officer, Ferozepur Cantt. Prior to the institution of the suit, the plaintiff served a notice under Section 80, Civil Procedure Code on the defendant. The plaintiff filed a suit seeking declaration that the order of his removal was wrongful, illegal, ultra-vires and inoperative against him. He added that the said Assistant Personnel Officer, bore ill will against his father and the order of the removal was mala-fide.

(3.) In the written statement, the defendant pleaded that the declaratory suit as brought was not maintainable, that no valid notice under Section 80, Civil Procedure Code has been served, that the plaintiff was not permanent and he was working only temporarily and that his services had been terminated according to the conditions of his employment and he was liable to removal as had been done. The plea of mala-fide on the ground of grudge borne by Shri Ram Partap was denied.