UNION OF INDIA Vs. PREMCHAND

JUDGEMENT

(1.) UNION of India has filed this appeal against the appellate judgment and decree of the Civil Judge, Ajmer dated 26th August, 1970 by which the decree passed by the Munsif, Ajmer City (East) was reversed and the respondent's suit No. 305/66 was decreed.

(2.) PREMCHAND was working as a permanent Khalasi in the Carriage Department. , Ajmer. He was charged for misconduct and after a preliminary enquiry, he was suspended on 21-5-1965. After a joint enquiry against him, Sarvshri Omprakash Grover and Deoraj, he was removed from service on 11-5- 1966 by the order of the Works Manager (Carriage), Ajmer (Ex. 1 ). He preferred an appeal to the Deputy C. M. E. , Ajmer, but it was dismissed on 19-11-1966 (Ex. A-23 ). He served the Union of India with a statutory notice under sec. 80 C. P. C. After the expiry of the notice, he instituted the civil suit No. 305/66, in the court of Munsif, Ajmer City (East) on 10-12-1966 against the order of his removal from service. He prayed for a declaration that the order of his removal dated 11-5-1966 passed by the Works Manager (C) Ajmer was null and void and he still continues to be in service of the Union of India. He also claimed a decree for Rs. 1233. 39 due to him on account of the arrears of pay etc. upto the date of the suit. The detail of this amount was given in Annexure A attached with the plaint.

(3.) IT is no doubt true that the lower appellate court did not address itself to this aspect of the respondent's contention though it was raised before it. The learned appeal Judge after having placed reliance on some authorities proceeded to observe as follows , -