UNION OF INDIA Vs. ASKARAN

JUDGEMENT

(1.) THIS is an appeal by the Union of India against the decree of the District Judge, bikaner, decreeing the suit brought by Askaran plaintiff-respondent against the union of India, the State of Rajas-than, land Jadavlal Kapoor. The suit has been dismissed as against the State of Rajasthan and Jadavlal Kapoor, and we are concerned only with the decree against the Union of India.

(2.) THE case of the plaintiff was briefly this. He joined service in the Jodhpur bikaner Railway as clerk on 1-8-1919. Later, on the separation o the Jodhpur-Bikaner Railway into two railways, the plaintiff remained in the service of the bikaner Railway which was eventually taken over by the Union of India on 1-41950. In February 1950, the plaintiff was working as an Accountant in the Bikaner railway in the Mechanical and Engineering Department. He was entitled to remain in service till he completed the age of 55 years on 1412-1952; but as Shri Kapoor, who was then the General Manager of the Bikaner railway, was annoyed with him, he was removed from service by an order of the chief Auditor, dated 8-2-1950, passed under para 1708 of the Railway establishment Code (hereinafter called the Code ). This order was passed without taking proceedings as required by that rule, and without complying with Article 311 of the Constitution. Consequently the plaintiff filed this suit for the pay etc. which he would have got from 8-2-1950, to the date of his retirement, namely 14-12-1952, and claimed a decree for Rs. 13,183/15/ -.

(3.) THE suit was resisted by the Union of India, and three main pleas were raised on their behalf. These were: