KHUSI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a Plaintiff's second appeal arising out of a suit for declaration.

(2.) The Plaintiff was appointed a Patwari in June, 1956. While posted as Patwari in the Tehsil of Dehra his office was raided by the Anti-Corruption Staff and some material was seized. A departmental enquiry was instituted against him, and the Collector, Kangra Division, made an order dated October 24, 1960, dismissing him from service. An appeal by the Plaintiff was dismissed by the Commissioner, Jullundur Division, on September 15, 1961. Meanwhile, proceedings were also initiated against him under Section 5(2), Prevention of Corruption Act. The allegations were the same as those in the departmental enquiry. The Special Judge acquitted the Plaintiff. Upon this, the Plaintiff" applied in revision to the Financial Commissioner, Punjab, against the order of the Commissioner dated September 15, 1961. On February 10, 1966, the Financial Commissioner allowed the revision petition in so far that the penalty of dismissal was replaced by that of removal.

(3.) The Plaintiff then filed the present suit praying for a declaration that the order of removal was illegal and invalid and that he was entitled to reinstatement. The suit was contested by the Union of India, who maintained that the order removing the Petitioner from service was valid and in accordance with law.