UNION OF INDIA Vs. MOHAN LAL

JUDGEMENT

(1.) THIS second appeal by the defendant Union of India is directed against the appellate judgment of the Additional District Judge, Ajmer, dated September 9, 1974, reversing the decree of the trial court, which dismissed the suit.

(2.) THE admitted facts of the case are that the plaintiff respondent was a Railway employee during the relevant period and was working as Class IV relevant in the Western Railway. He was a confirmed permanent Class IV employee. The plaintiff was convicted on a criminal charge under Section 324 I.P.C by the Additional Munsiff Magistrate, Ajmer, on July 31, 1965, and was sentenced to pay a fine of Rs. 250/ -, or in default of payment of fane to undergo rigorous imprisonment for three months. On March 2, 1967, the Divisional Electrical Engineer, Western Railway, Ajmer, removed the plaintiff from service with effect from March 3, 1967. The order of removal is Ex. 3 on the record and it reads as under, -

(3.) THE defendant -appellant Union of India admitted that the plaintiff -respondent was a continued class IV servant in the employment of the Western Railway, and further that he was removed from service with effect from March 3, 1967, because be was convicted under Section 324 I.P.C. by a criminal court The defendant -appellant alleged that the District Electrical Engineer, after going through the judgment in the criminal case, came to the conclusion that the conduct of the plaintiff, which has led to his (defendant's) conviction, is such as o render his further retention in the public service undesirable.