RAGHUNATH RAI Vs. P SAHAI

JUDGEMENT

(1.) THE circumstances which have given rise to the filing of this petition for contempt proceedings against the respondent, may first be surveyed.

(2.) RAGHUNATH Rai petitioner was removed from Government service on 22nd November 1953. He filed a suit for a declaration to the effect that the order of his removal from service was void and he was entitled to all the emoluments etc. on that basis. The suit was decreed by the trial Court on 5th June 1964. While dismissing the first appeal of the Union of India against the decree of the trial Court, the learned Senior Subordinate Judge, Amritsar held on 10th September 1964, that the order of petitioner's removal from service was illegal and ultra vires Article 311 of the Constitution and the petitioner was, therefore, deemed to be in the service of the Railway Administration and was entitled to all the benefits and emoluments attached to his post.

(3.) AGAINST the aforesaid decree of the first appellate Court, the Union of India filed Regular Second Appeal No. 4 of 1965 on 21st December 1964. In an application of the petitioner (C. M. No. 1647 C of 1965) for fixing the Regular Second appeal for hearing on some early actual date, I passed the following order on 27th September 1965 :