O P NIGAM Vs. UNION OF INDIA
HIGH COURT OF DELHI
UNION OF INDIA
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Avadh Behari Rohtagi, J. -
(1.)This case has a cheduered history. The petitioner has been in these courts for the last 17 years.
(2.)These are the facts. The petitioner was employed in Northern Railway. Originally he was selected for appointment as a trade apprentice. After completing his apprenticeship, he was appointed in the post of a skilled welder in the grade of Rs. 110-180 plus usual allowances in the Railway Welding Shop at Amritsar. The petitioner, it was alleged, was guilty of misconduct. It was alleged, that he had committed a theft. Departmental proceedings were initiated against him which culminated in an order of his removal from service on 30th July, 1964.
(3.)The petitioner brought a writ petition in this court (C.W. No. 56-D/66.) challenging the order of his removal from service. Prakash Narain J. quashed the departmental action including the inquiry and the ultimate punishment awarded to the petitioner on the ground that the charge-sheet issued to the petitioner was issued by an authority not competent to do so. From his order the Railway preferred a Letters Patent Appeal. The Letters. Patent Bench by judgment dated 21-10-1970 set aside his judgment and remanded the matter to him for re-decision.
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