UNION OF INDIA Vs. BEHARI LAL

JUDGEMENT

(1.) THE Union of India through the General Manager, Western Railway, Churchgate, Bombay has filed this appeal against the judgment and decree dated 13 -3 -1971 passed by the learned Civil Judge, Ajmer in Civil Appeal No. 489/69 (92/70).

(2.) THE plaintiff is an employee of the Railway, who filed the suit against the order of removal from service communicated to him vide letter dated 6 -12 -65. The plaintiff was removed from service on the ground of charges of misconduct which were held to be proved. It is not necessary to deal with the facts of the case, because the short point which has arisen for considration of this Court is, whether the judgment of the first appellate court in which the decree of the trial court has not been upheld on the ground given by the trial court, but still upheld on the ground that after one witness D. Benjour was examined on 21 -7 -1965, the employee was not asked to submit bis explanation or defence with regard this evidence, is correct. This witness has said that the property which was recovered from the plaintiff was railway property.

(3.) MR . Bapna has submitted that the plaintiff had already been allowed opportunity 10 lead defence evidence, and this witness was called on a small point for assistance of the Enquiry Officer and, therefore, no further defence evidence was required to be allowed, more so when the employee never claimed it and he even refused to cross -examine him.