REGENT COMPUTRONICS PVT. LTD.

PARSHOTAM LAL DHINGRA Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

JUDGEMENT

(1.) This appeal has been filed with a certificate of fitness granted by the Punjab High Court on August 20, 1956. It is directed against the judgment and order passed by a Division Bench of that Court on January 19, 1956, in Letters Patent Appeal No. 28 of 1955, reversing the judgment and order of Mr. Justice Harnam Singh pronounced on April 15, 1955, whereby his Lordship had allowed the appellant's application being Civil Writ No. 36-D of 1955 and set aside the order passed by the General Manager, Northern Railway on August 19, 1953, reverting the petitioner from the post of Signal and Tele-communication Engineer, (Telegraphs) in Class II service where the appellant was officiating to his substantive post in Class III service. This appeal raises a very important question about the construction of Art. 311 of the Constitution.

(2.) The facts are shortly as follows:- In August 1924 the appellant joined the railway service as a Signaller (Telegraphist). As a result of selection, he was promoted as Section Controller in 1942 and as Deputy Chief Controller in 1947 and as the Chief Controller in 1950. All these posts were in Class III service. On March 31, 1951, seven candidates, including the appellant, appeared before a selection board constituted for selecting a candidate for the post of Assistant Superintendent Railway Telegraphs, which was a gazetted post in Class II Officers' cadre. The appellant was selected out of the seven candidates for this post. On July 2, 1951, a notice of appointment was issued from the headquarters of the East Punjab Rly., Delhi, notifying that "Mr. Purshotam Lal, Officiating Chief Controller, is appointed to officiate in Class II service as Asstt. Spdt. Rly. Telegraphs, Headquarters Office vice Mr. Sahu Ram whose term of temporary re-employment expires on the afternoon of 3rd July, 1951." The applicant actually relieved Mr. Sahu Ram in the afternoon of July 3, 1951. It appears that on April 28, 1953, one Gouri Shankar S. S. T. E. I. /Hd. Qrs. Made certain adverse remarks against the appellant in his confidential report for the year ending March 31, 1953. This confidential report came before Shri S. Sen, C. S. T. E., on May 25, 1953, who confirmed the views expressed by Shri Gouri Shankar and added his own opinion which was also adverse to the appellant. According to the usual practice obtaining in the office the aforesaid remarks were placed before the General Manager, Shri Karnail Singh, who on June 11, 1953, remarked thereon as follows:

(3.) The adverse remarks against the appellant in the confidential report for the year ending March 31, 1953, which were communicated to the appellant for his information by a confidential letter No. E-106/180 dated June 29, 1953, were as follows:

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PARSHOTAM LAL DHINGRA Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

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