UNION OF INDIA Vs. SHRI JAI CHAND SAWHNEY

JUDGEMENT

(1.) THIS judgment shall dispose of Regular First Appeal No. 28 -D of 1959 and the cross appeal Regular First Appeal No. 92 -D of 1959.

(2.) IN his petition for leave to sue as a pauper under Order XXXIII rule 1 of the Cede of Civil Procedure the plaintiff claimed that he had been appointed as a Social Guide in the Eastern Punjab Railway (now the Northern Railway) by the Chief Administrative Officer of that railway with effect from 14th February 1948 and he thus held a civil post. On 1st August 1949 while he was working on his post he was put off duty on the charge of absenting himself from duty on 31st July 1949 without previous permission but was, however, allowed to rejoin duty on 10th August 1949. On 22nd August 1949 he was again put off duty and was treated as one under suspension on similar allegations. He then remained under suspension up to 15th October 1949. While under suspension he was removed from service with effect from 15th October 1949 by an order of the Divisional Commercial Officer dated 13th October 1949 without any opportunity having been given to him to show cause against the action proposed to be taken against him. The main grounds on which the order of termination of service was attacked were that no opportunity had been afforded to the plaintiff to show cause against the action proposed to be taken and that the orders were passed by an authority subordinate to the one competent to pass the same. He also introduced the allegation of mala fides in the order of his removal. According to him, since the orders of suspension and dismissal were illegal, wrongful and void, he was entitled to full salary and wages together with allowances amounting to Rs. 20,399/9/ - from 24th February 1948 to 14th October 1955 as per schedule 'B' which he attached to the petition. In the alternative he claimed that amount as damages for wrongful dismissal. By an order dated 28th March 1956 permission was given to sue as a pauper.

(3.) ON the pleadings of the parties the following issues were framed: -