GAYA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Art. 226 of the Constitution of India by one Gaya Prasad for the issue of an appropriate writ restraining the opposite parties from enforcing the order dated 7-2-1953, passed by Mr. A. K. Sarkar, Superintendent Transportation, whereby the petitioner has been removed from service and also for an order directing them to reinstate the petitioner and pay his dues from 9-2-1953 up to the date of his reinstatement on holding that the order dated 7-2-1953 is illegal and ultra vires.

(2.) The opposite parties in the suit are three, namely, (1) Union of India through the General Manager, Eastern Railway, Howrah; (2) Divisional-Superintendent, Dinapur, Eastern Railway and (3) Superintendent Transportation, Dinapur, Eastern Railway.

(3.) On 7-3-1953 when the order of his dismissal was passed, the petitioner was holding the post of a trains cl<DJG>Ahmad J.</DJG>erk to which he had been confirmed with effect from 17-10-1947 by a letter dated 8-11-1949 issued by the Divisional Personnel Officer, Dinapur.