UNION OF INDIA Vs. PARMINDAR SINGH

JUDGEMENT

(1.) THIS is a second appeal by the union of India against an appellate decree of the district Judge, Kota, confirming a decree of the Munsif Kota granting a declaration to the plaintiff-respondent that his removal from service was void and inoperative and that he continued in the service of the Railway.

(2.) THE relevant facts are these : Parmindar Singh plaintiff filed an application (Ex. P. A) to the Chief Engineer, B. B. and C. I. Rly. through the Executive Engineer kota. This application was forwarded by the Executive Engineer on 23-8-49 to the chief Engineer with the recommendation that he may be employed as a Mason mistry in place of Shri Surendra Narain Mathur who had been recommended for the post of S. O. S. R. by him. This recommendation was accepted by the Chief Engineer who issued the following order (Ex. P. S):

(3.) ON receipt of the above order the Executive Engineer made an offer of appointment (Ex. P. 1) to the plaintiff on 26-9-49 the material portion of which runs as follows: