GENERAL MANAGER EASTERN RAILWAY Vs. SATYANAND SINGH

JUDGEMENT

(1.) This appeal is by the defendants and arises out of a suit filed by the plaintiff-respondent for a declaration that the order dated 10-1-1964 removing the plaintiff from service, the order dated 13th July, 1964, confirming the order of removal of the plaintiff from service and the order dated 29-1-1965 passed by the Divisional Commercial Superintendent are unconstitutional ultra vires, void and inoperative.

(2.) It is not necessary to mention in any detail the respective cases of the parties. All that need be said is that the plaintiff was an employee of the Eastern Railway and was posted as an Assistant Station Master of Wazirganj Railway 1. From the decision of Shri Lakshmi Narain Verma, 1st Additional District Judge, Patna, dated the 23rd December, 1978, arising out of the decision of Shri Janardan Prasad Yadav, 2nd Additional Subordinate Judge, Patna, dated the 1 'th May, 1976. Station at the relevant time. There a departmental proceeding was initiated against him and charges were framed. He filed show cause to the charges but that was not acceptable. A domestic enquiry thereafter followed in which the plaintiff was found guilty and after another notice he was removed from service. The grievance of the plaintiff is that the departmental enquiry was not proper inasmuch as a reasonable opportunity to defend him was not given.

(3.) The suit was contested by the defendants. They claimed that the suit was not maintainable on account of non-inclusion of the Union of India as a party-defendant to the suit. On merit also their case was that due opportunity was given to the plaintiff to defend himself in the enquiry and that there was no infraction either of natural justice or of any rule.